Page:United States Statutes at Large Volume 101 Part 1.djvu/277

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 247

lead agency may prescribe, under a program or project undertaken by a Federal agency or with Federal financial assistance in any case in which the head of the displacing agency determines that such displacement is permanent; and ^ "(ii) solely for the purposes of sections 202(a) and 0^) and 205 of this title, any person who moves from real property, or moves Post, pp. 249,252. his personal property from real property— "(I) as a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a Federal agency or with Federal financial assistance; or "(II) as a direct result of rehabilitation, demolition, or ,j, such other displacing activity as the lead agency may prescribe, of other real property on which such person con.,., ducts a business or a farm operation, under a program or •.-u-t.^F ' project undertaken by a Federal agency or with Federal financial assistance where the head of the displacing .... agency determines that such displacement is permanent, "(B) The term 'displaced person' does not include— "(i) a person who has been determined, according to criteria established by the head of the lead agency, to be either in unlawful occupancy of the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this Act; "(ii) in any case in which the displacing agency acquires property for a program or project, any person (other than a person who was an occupant of such property at the time it was acquired) who occupies such property on a rental basis for a short term or a period subject to termination when the property . r,../.is needed for the program or project.", (e) COMPARABLE REPLACEMENT DWELLING, DISPLACING AGENCY, LEAD AGENCY, AND APPRAISAL DEFINED.—Section 101 of the Uniform

Act (42 U.S.C. 4601) is amended by adding at the end thereof the following new paragraphs: "(10) The term 'comparable replacement dwelling' means any dwelling that is (A) decent, safe, and sanitary; (B) adequate in size to accommodate the occupants; (C) within the financial means of the displaced person; (D) functionally equivalent; (E) in an area not subject to unreasonable adverse environmental conditions; and (F) in a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment. "(11) The term 'displacing agency' means any Federal agency carrying out a program or project, and any State, State agency, or person carrying out a program or project with Federal financial assistance, which causes a person to be a displaced person. "(12) The term 'lead agency' means the Department of Transportation. "(13) The term 'appraisal' means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.".

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