§ 24.101 Applicability of acquisition requirements. ( a ) *Direct Federal program or project.* ( 1 ) The requirements of this subpart apply to any acquisition of real property for a direct Federal program or project, except acquisition for a program or project that is undertaken by the Tennessee Valley Authority or the Rural Utilities Service. *(See* appendix A to this part, section 24.101(a).)
( 2 ) If a Federal agency (except for the Tennessee Valley Authority or the Rural Utilities Service) will not acquire a property because negotiations fail to result in an agreement, the owner of the property or the owner's designated representative shall be so informed in writing. Owners of such properties are not displaced persons, and as such, are not entitled to relocation assistance benefits. However, tenants on such properties may be eligible for relocation assistance benefits. (*See* § 24.2(a).)
( b ) *Programs and projects receiving Federal financial assistance.* The requirements of this subpart apply to any acquisition of real property for programs and projects where there is Federal financial assistance in any part of project costs except for the acquisitions described in paragraphs (b)(1) through (3) of this section. The relocation assistance provisions in this part are not applicable to owner-occupants who move as a result of a voluntary acquisition. (*See* § 24.2(a), definition of *displaced person.*) The relocation assistance provisions in this part are applicable to tenants who must permanently relocate as a result of an acquisition described in paragraphs (b)(1) through (3) of this section. Such tenants are considered displaced persons. (*See* § 24.2(a), definition of *displaced person.*) ( 1 ) The agency will not use the power of eminent domain to acquire the property, and the following conditions are met: ( i ) No later than the time of the offer the agency informs the owner of the property or the owner's designated representative in writing of the following: ( A ) The agency will not acquire the property if negotiations fail to result in an amicable agreement; and
( B ) The agency's estimate of fair market value for the property to be acquired. (*See* appendix A to this part, sections 24.101(b)(1)(i) and 24.101(b)(1)(i)(B).)
( ii ) Where an agency wishes to purchase more than one property within a general geographic area on this basis, all owners are to be treated similarly. *(See* appendix A to this part, section 24.101(b)(1)(ii).)
( iii ) The property to be acquired is not part of an intended, planned, or designated project area where all or substantially all of the property within the area must be acquired within specific time limits. (*See* appendix A to this part, section 24.101(b)(1)(iii).)
( 2 ) The acquisition of real property by a cooperative from a person who, as a condition of membership in the cooperative, has agreed to provide without charge any real property that is needed by the cooperative.
( 3 ) Acquisition for a program or project that receives Federal financial assistance from the Tennessee Valley Authority or the Rural Utilities Service.
( c ) *Less-than-full-fee interest in real property.* ( 1 ) The provisions of this subpart apply when acquiring fee title subject to retention of a life estate or a life use; to acquisition by leasing where the lease term, including option(s) for extension, is 50 years or more; and, to the acquisition of permanent and/or temporary easements necessary for the project. However, the agency may apply the regulations in this subpart to any less-than-full-fee acquisition that, in its judgment, should be covered.
( 2 ) The provisions of this subpart do not apply to temporary easements or permits needed solely to perform work intended exclusively for the benefit of the property owner, which work may not be done if agreement cannot be reached.
( d ) *Federally-assisted projects.* For projects receiving Federal financial assistance, the provisions of §§ 24.102, 24.103, 24.104, and 24.105 apply to the greatest extent practicable under State law. (*See* § 24.4(a).)