42 U.S.C. § 4655 — Requirements for uniform land acquisi-

Page 6212 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4653 ture, or other improvement required to be ac- quired 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 obliga- tion 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 im- provement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or im- provement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor. (2) Payment under this subsection shall not re- sult in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved dis- claims 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 inter- est 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. (Pub. L. 91–646, title III, § 302, Jan. 2, 1971, 84 Stat. 1905.) § 4653. Expenses incidental to transfer of title to United States The head of a Federal agency, as soon as prac- ticable after the date of payment of the pur- chase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real prop- erty, whichever is the earlier, shall reimburse the owner, to the extent the head of such agency deems fair and reasonable, for expenses he nec- essarily 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 pre- existing 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 sub- sequent to the date of vesting title in the United States, or the effective date of posses- sion of such real property by the United States, whichever is the earlier. (Pub. L. 91–646, title III, § 303, Jan. 2, 1971, 84 Stat. 1906.) § 4654. Litigation expenses (a) Judgment for owner or abandonment of pro- ceedings The Federal court having jurisdiction of a pro- ceeding instituted by a Federal agency to ac- quire real property by condemnation shall award the owner of any right, or title to, or in- terest in, such real property such sum as will in the opinion of the court reimburse such owner for his reasonable costs, disbursements, and ex- penses, 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) Payment Any award made pursuant to subsection (a) of this section shall be paid by the head of the Fed- eral agency for whose benefit the condemnation proceedings was instituted. (c) Claims against United States The court rendering a judgment for the plain- tiff in a proceeding brought under section 1346(a)(2) or 1491 of title 28, awarding compensa- tion for the taking of property by a Federal agency, or the Attorney General effecting a set- tlement 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 Gen- eral reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such pro- ceeding. (Pub. L. 91–646, title III, § 304, Jan. 2, 1971, 84 Stat. 1906.) § 4655. Requirements for uniform land acquisi- tion policies; payments of expenses inci- dental to transfer of real property to State; payment of litigation expenses in certain cases (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 agree- ment 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 January 2, 1971, un- less he receives satisfactory assurances from such acquiring agency that— (1) in acquiring real property it will be guid- ed, to the greatest extent practicable under State law, by the land acquisition policies in section 4651 of this title and the provisions of section 4652 of this title, and (2) property owners will be paid or reim- bursed for necessary expenses as specified in sections 4653 and 4654 of this title. (b) For purposes of this section, the term ‘‘ac- quiring agency’’ means— (1) a State agency (as defined in section 4601(3) of this title) 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. (Pub. L. 91–646, title III, § 305, Jan. 2, 1971, 84 Stat. 1906; Pub. L. 100–17, title IV, § 417, Apr. 2, 1987, 101 Stat. 256.) Page 6213 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4702 Editorial Notes AMENDMENTS 1987—Pub. L. 100–17 designated existing provisions as subsec. (a), substituted ‘‘an acquiring agency’’ for ‘‘a State agency’’ and ‘‘such acquiring agency’’ for ‘‘such State agency’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under sec- tion 4601 of this title. CHAPTER 62—INTERGOVERNMENTAL PERSONNEL PROGRAM Sec. 4701. Congressional findings and declaration of pol- icy. 4702. Administration of authorities. SUBCHAPTER I—DEVELOPMENT OF POLICIES AND STANDARDS 4711 to 4713. Omitted. SUBCHAPTER II—STRENGTHENING STATE AND LOCAL PERSONNEL ADMINISTRATION 4721. Declaration of purpose. 4722. State government and statewide programs and grants. 4723. Local government programs and grants. 4724. Intergovernmental cooperation in recruiting and examining activities; potential employ- ees, certification; payments for costs; cred- its to appropriation or fund for payment of expenses. 4725. Technical assistance; waiver of payments for costs; credits to appropriation or fund for payment of expenses. 4726. Coordination of Federal programs. 4727. Interstate compacts. 4728. Transfer of functions. SUBCHAPTER III—TRAINING AND DEVELOPING STATE AND LOCAL EMPLOYEES 4741. Declaration of purpose. 4742. Admission to Federal employee training pro- grams. 4743. Grants to State and local governments for training. 4744. Grants to other organizations. 4745. Government Service Fellowships. 4746. Coordination of Federal programs. SUBCHAPTER IV—GENERAL PROVISIONS 4761. Declaration of purpose. 4762. Definitions. 4763. General administrative provisions. 4764. Reporting and recordkeeping requirements for State or local governments and other organizations. 4765. Review and audit. 4766. Distribution of grants. 4767. Termination of grants. 4768. Advisory committees; appointment; com- pensation and travel expenses. 4769. Authorization of appropriations. 4770. Limitations on availability of funds for cost sharing. 4771. Method of payment; installments; advances or reimbursement; adjustments. 4772. Effective date of grant provisions. § 4701. Congressional findings and declaration of policy The Congress hereby finds and declares— That effective State and local governmental institutions are essential in the maintenance and development of the Federal system in an in- creasingly complex and interdependent society. That, since numerous governmental activities administered by the State and local govern- ments are related to national purpose and are fi- nanced in part by Federal funds, a national in- terest exists in a high caliber of public service in State and local governments. That the quality of public service at all levels of government can be improved by the develop- ment of systems of personnel administration consistent with such merit principles as— (1) recruiting, selecting, and advancing em- ployees on the basis of their relative ability, knowledge, and skills, including open consid- eration of qualified applicants for initial ap- pointment; (2) providing equitable and adequate com- pensation; (3) training employees, as needed, to assure high-quality performance; (4) retaining employees on the basis of the adequacy of their performance, correcting in- adequate performance, and separating employ- ees whose inadequate performance cannot be corrected; (5) assuring fair treatment of applicants and employees in all aspects of personnel adminis- tration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and (6) assuring that employees are protected against coercion for partisan political pur- poses and are prohibited from using their offi- cial authority for the purpose of interfering with or affecting the result of an election or a nomination for office. That Federal financial and technical assist- ance to State and local governments for strengthening their personnel administration in a manner consistent with these principles is in the national interest. (Pub. L. 91–648, § 2, Jan. 5, 1971, 84 Stat. 1909.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 91–648, § 1, Jan. 5, 1971, 84 Stat. 1909, provided: ‘‘That this Act [enacting this chapter and sections 3371 to 3376 of Title 5, Government Organization and Em- ployees, amending section 246(f) of this title, section 1304 of Title 5, repealing sections 1881 to 1888 of Title 7, Agriculture, and section 869b of Title 20, Education, and enacting provisions set out as notes under section 3371 of Title 5] may be cited as the ‘Intergovernmental Personnel Act of 1970’.’’ § 4702. Administration of authorities The authorities provided by this chapter shall be administered in such manner as (1) to recog- nize fully the rights, powers, and responsibilities of State and local governments, and (2) to en- courage innovation and allow for diversity on the part of State and local governments in the design, execution, and management of their own systems of personnel administration. (Pub. L. 91–648, § 3, Jan. 5, 1971, 84 Stat. 1909.)