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Office of Planning, Environment, & Realty (HEP)

Presentations of Uniform Act Final Rule Implementation

Applicability of Subpart B


One of the more important changes: If a Federal agency is (directly) buying real property for itself, Subpart B applies.

Direct Federal Acquisition - refers to property acquisitions undertaken directly by a Federal agency with its staff or a contractor in the employ of the agency using agency authorized funds for that purpose. For example, Department of Interior agencies would have to use Subpart B whether it is a voluntary transaction or not. This is a significant change for Federal agencies' Direct Federal Acquisitions.

federally-Assisted Projects - NO SIGNIFICANT CHANGE. These are carried out by state, local or other project sponsors with authorized funding from the Federal agency. In this case, the work is undertaken by the staff or contractors of the state, local or other sponsor and expenditures are billed to and reimbursed by the Federal funding agency. The Federal funding agency has an oversight or stewardship responsibility for the work undertaken by its partners to ensure compliance with all Federal governing laws and regulations. Compliance with the URA and its implementing regulations is a condition of receiving Federal assistance.

Requirements for federally-assisted acquisitions are unchanged with one exception: owners must now be given an early notice in writing. Previously, early interest/likelihood of acquisition notices may have been given at public hearings or meetings. The final rule also requires that a written notice be given to voluntary transaction owners about what the agency is doing/intends to do.

In the second bullet, there are 3 additional situations that can be encountered involving federally-assisted acquisitions. These are seldom encountered and the 2 on the screen are the most common situations.

IMPLEMENTATION: Please reference "Applicability Decision Chart" on the next slide and page.

Updated: 9/5/2014
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