Page:United States Statutes at Large Volume 82.djvu/878

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[82 STAT. 836]
[82 STAT. 836]
PUBLIC LAW 90-000—MMMM. DD, 1968

836

PUBLIC LAW 90-495-AUG. 23, 1968

[82 STAT.

forests, and national parks and monuments, the Federal share shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State is of its total area, except that the Federal share payable on any project in a State shall not exceed 95 per centum of the total cost of any such project. I n any case where a State elects to have the Federal share provided in clause (B) of this subsection, the State must enter into an agreement with the Secretary covering a period of not less than one year, requiring such State to use solely for highway construction purposes (other than paying its share of projects approved under this title) during the period covered by such agreement the difference between the State's share as provided in clause (B) and what its share would be if it elected to pay the share provided in clause (A) for all projects subject to such agreement." REAL PROPERTY ACQUISITION

^^"'&26^' ^^°'

823, 826.

POLICIES

SEC. 35. (a) Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: "§141. Real property acquisition policies "Before approving projects under this chapter, the Secretary shall obtain from the State highway department the following assurances: "(1) that every reasonable effort shall be made to acquire the real property by negotiation; " (2) that the construction of projects shall be so scheduled that to the greatest extent practicable no person lawfully occupying the real property shall be required to move from his home, farm, or business location without at least 90 days' written notice from the State or political subdivision having responsibility for such acquisition; and "(3) that it will be the policy of the State, before initiating negotiations for real property, to establish an amount which is believed to be just compensation, under the law of the State, and to make a prompt offer to acquire the property for the full amount so established." (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: "141. Real property acquisition policies." SEPARABILITY

SEC. 36. If any provision of this Act (including the amendments made by this Act), or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of the provision to other persons or circumstances shall not be affected thereby. EFFECTIVE DATE

Ante,

p. 830.

76 Stat. 1146.

Ante, p. 830. Repeal.

SEC. 37. This Act and the amendments made by this Act shall take eft'ect on the date of its enactment, except that until July 1, 1970, sections 502, 505, 506, 507, and 508 of title 23, United States Code, as added by this Act, 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, 1970, such sections shall be completely applicable to all States. Section 133 of title 23, United States Code, shall not apply to any State if sections 502, 505, 506, 507, and 508 of title 23, United States Code, are applicable in that State, and effective July 1, 1970, such seotion 133 is repealed. Approved August 23, 1968.