**[Background]{.underline}**:

ASU-140 is the Office of Primary Responsibility (OPR) for FAA Order
4426.1A, UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION,
dated November 17,l992. This FAA Order implemented 49 CFR Part 24,
"which provides mandatory regulations on relocation assistance and real
property acquisition". The following proposed changes to the AMS and
FAST will implement the latest changes to the Uniform Relocation and
Assistance Real Property Act of 1970 and allow us to cancel FAA Order
4426.1A, which is outdated.

[Proposed Guidance Change:]{.underline}

1.  ***Real Estate Guidance section I.A.1, entitled "Applicability", is
    deleted*** ***in its entirety and replaced with the following***:

> "1. Applicability
>
> This document provides general guidance for the procurement of all
> real property land interests by lease, purchase, condemnation, or
> otherwise. The Uniform Relocation Assistance and Real Property
> Acquisition Policies Act of 1970, as amended (49 CFR Part 24) is
> **mandatory** and establishes the minimum Real Property Acquisition
> Policies for appraisal, negotiation and property possession standards
> and requirements."\*\*

\*\* NOTE: This change essentially adds a second sentence to the
existing language.

2\. ***Add*** the following section to the FAST Real Estate Land
Guidance:

> **Section I.A.16.**
>
> Uniform Relocation Assistance and Real Property Acquisition Policies
> Act of 1970, as amended (49 CFR Part 24).
> (WWW.FHWA.DOT.GOV/REALESTATE/49cfr.htm) and
>
> http://www.fhwa.dot.gov/realestate/UAfnl99.htm)
>
> This Act was intended to establish a uniform policy for the fair and
> equitable treatment of persons who are displaced as a direct result of
> programs or projects that are undertaken by a Federal agency **or**
> with Federal financial assistance. The ACT ensures that displaced
> persons shall not suffer disproportionate injuries as the result of
> programs and projects designed for the benefit of the public as a
> whole and minimizes the hardship of displacement on such persons.
> **The ACT also establishes minimum Real Property Acquisition Policies
> for appraisal, negotiation and property possession standards and
> requirements.**
>
> The Uniform Act applies to any Federal or federally assisted program
> or project if Federal funding is used in **any phase** of the program
> or project. **Provisions of the Uniform Act are mandatory and are
> applicable to each Federal agency that administers programs or
> provides financial assistance for projects, which involve land
> acquisition or relocation assistance**.
>
> The Uniform Relocation Act of 1970 was enacted January 2, l971 and
> amended by: the 1987 Uniform Act Amendments, 1991 Public Law 102-240
> and the Nov 1997 Public Law 105-17. The Final Rule on the 1997
> amendments was published in the February 12, l999 Federal Register
> (Volume 64, Number 29, pages 7127-7133),
> http://www.fhwa.dot.gov/realestate/UAfnl99.htm. This final rule
> provides that "an alien not lawfully present in the United States
> shall not be eligible to receive relocation payments or any other
> assistance provided under the Uniform Act unless such ineligibility
> would result in exceptional and extremely unusual hardship to the
> alien's spouse, parent, or child and such spouse, parent, or child is
> a citizen or an alien admitted for permanent residence". The final
> rule requires that persons seeking relocation payments or assistance
> under the Uniform Act certify, as a condition of eligibility, that
> they are citizens or are otherwise lawfully present in the United
> States. The format of the certification is left up to each Agency. The
> certifications may be for individuals or a family \[in which case the
> head of household may certify as to the status of other family members
> (see section 24.208(a)(2))\]. FHWA has determined that the final rule
> applies to businesses as well as individuals and believes the
> prohibition on benefits must be applied differently to differing
> "ownership" situations, such as: a sole proprietorship, a partnership
> or a corporation. Any payments that a business is eligible to receive
> should be reduced by a percentage based on the prorated shares of the
> ownership between eligible and ineligible owners. The following web
> site lists immigration offices you may need to contact if you chose to
> verify self certified immigration information:
> http://www.ins.usdoj.gov/natz/statemap.htm
>
> The Uniform Act designates the Department of Transportation (The
> Department) as the lead agency for implementing the Uniform Act. The
> Department has delegated this responsibility to the Federal Highway
> Administration (FHWA) \[49 CFR 1.48(cc)\]. Pursuant to section 213 of
> the Uniform Act, the FHWA promulgated a single government--wide
> regulation for implementing the Uniform Act, at **49 CFR Part 24**
> (WWW.FHWA.DOT.GOV/REALESTATE/49cfr.htm). Note that as of 6/30/1999 the
> final rule has not yet been incorporated into 49 CFR Part 24;
> therefore, to obtain text of the final rule go to:
> http://www.fhwa.dot.gov/realestate/UAfnl99.htm

[Helpful Reference Material Available from Federal Highways (Available
in hard copy or on the Internet at]{.underline}
WWW.FHWA.DOT.GOV/realestate[/):]{.underline}

-   ***Your Rights and Benefits as a Displaced Person Under the Federal
    Relocation Assistance Program*** -- Publication No. FHWA-PD-95-010

-   ***Acquiring Real Property for Federal and Federal-Aid Programs and
    Projects*** -- Publication No. FHWA-PD-92-006 HRW-11/5-92(20M)E

-   ***The Appraisal Guide*** -- Publication No. FHWA-PD-93-032
    HRW-22/9-93(15M)P

[Other Helpful Reference Material:]{.underline}

1.  ***FAA Order 5100.37A, Land Acquisition and Relocation Assistance
    for Airport Projects, dated April 4, l994***. This order is written
    for the Airports Grant Program, but contains a lot of information
    that may be useful to the Real Estate Contracting Officer.