(2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and (3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the United States, or the effective date of possession of such real property by the United States, whichever is the earlier. LITIGATION EXPENSES SEC. 304. (a) The Federal court having jurisdiction of a proceeding instituted by a Federal agency to acquire real property by condemnation shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if— (1) the final judgment is that the Federal agency cannot acquire the real property by condemnation; or (2) the proceeding is abandoned by the United States. (b) Any award made pursuant to subsection (a) of this section shall be paid by the head of the Federal agency for whose benefit the condemnation proceedings was instituted. (c) The court rendering a judgment for the plaintiff in a proceeding brought under section 1346(a) (2) or 1491 of title 28, United States Code, awarding compensation for the taking of property by a Federal agency, or the Attorney General effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will in the opinion of the court or the Attorney General reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding. REQUIREMENTS FOR UNIFORM LAND ACQUISITION POLICIES; PAYMENTS OF EXPENSES INCIDENTAL TO TRANSFER OF REAL PROPERTY TO STATE; PAYMENT OF LITIGATION EXPENSES IN CERTAIN CASES SEC. 305. Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, a State agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisition of real property on and after the effective date of this title, unless he receives satisfactory assurances from such State agency that (1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in section 301 and the provisions of section 302, and (2) property owners will be paid or reimbursed for necessary expenses as specified in sections 303 and 304. REPEALS SEC. 306. Sections 401, 402, and 403 of the Housing and Urban Development Act of 1965 (42 U.S.C. 3071-3073), section 35(a) of the Federal-Aid Highway Act of 1968 (23 U.S.C. 141) and section 301 of the Land Acquisition Policy Act of 1960 (33 U.S.C. 596) are hereby repealed. Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Act or portions thereof under this section. EMERGENCY HIGHWAY ENERGY CONSERVATION ACT Public Law 93-239, 93rd Congress, H.R. 11372, AN ACT to conserve energy on the Nation's highways. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act be cited as the "Emergency Highway Energy Conservation Act". SEC. 2. Repealed.11 SEC. 3. (a) To conserve fuel, decrease traffic congestion during rush hours, improve air quality, and enhance the use of existing highways and parking facilities, the Secretary of Transportation is authorized to approve demonstration projects designed to encourage the use of carpools in urban areas. For the purposes of this section, the term "carpool" includes a vanpool.42 (b) Proposals shall be originated by local officials and submitted by the State in accordance with the provisions of section 105(d) of title 23, United States Code. The Secretary of Transportation shall approve for funding those projects which offer reasonable prospects of achieving the objectives set forth in subsection (a) of this section. (c) A project may include, but not be limited to, such measures as providing carpooling opportunities to the elderly and the handicapped, systems for locating potential riders and informing them of convenient carpool opportunities, acquiring vehicles appropriate for carpool use, designating existing highway lanes as preferential carpool highway lanes or shared bus and carpool lanes, providing related traffic control devices, and designating existing publicly owned facilities for use as preferential parking for carpools. 43 (d) A project authorized by this section shall be subject to, and carried out in accordance with all of the provisions of chapter 1 of title 23, United States Code, applicable to highway projects, except that the Federal share "Repealed by sec. 114(c) of Public Law 93-643, Jan. 4, 1975 (88 Stat. 2285). 4 Amended by sec. 143 of Public Law 94-280, May 5, 1976 (90 Stat. 445). Amended by sec. 143 of Public Law 94-280, May 5, 1976 (90 Stat. 445). of such project shall be 90 per centum, the Federal share shall not exceed $1,000,000 for any single project, and only funds apportioned under section 104(b) (1) and (6) of such title shall be available to carry out projects authorized by this section." (e) The Secretary of Transportation shall conduct a full investigation of the effectiveness of measures employed in the demonstration projects authorized by subsection (a) of this section. In addition, he shall, in cooperation with the Internal Revenue Service, the Environmental Protection Agency, and other appropriate Federal and State agencies, study other measures, including but not limited to tax and other economic incentives, which might lead to significant increases in carpool ridership in urban areas throughout the country, and shall identify any institutional or legal barriers to such measures and the costs and benefits of such measures. He shall report to the Congress not later than December 31, 1974, his findings, conclusions, and recommendations resulting from such investigation and study. Funds authorized to carry out section 307 of title 23, United States Code, are authorized to be used to carry out the investigation and study authorized by this subsection. SEC. 4. Section 601 (d) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1421) is amended to read as follows: EMERGENCY LOCATOR TRANSMITTERS (d) (1) Except with respect to aircraft described in paragraph (2) of this subsection, minimum standards pursuant to this section shall include a requirement that emergency locator transmitters shall be installed (A) on any fixed-wing, powered civil aircraft for use in air commerce the manufacture of which is completed, or which is imported into the United States, after one year following the date of enactment of this subsection; and (B) on any fixed-wing, powered civil aircraft used in air commerce after three years and six months following such date. (2) The provisions of this subsection shall not apply to: (A) Turbojet-powered aircraft; (B) Aircraft while engaged in scheduled flights by scheduled air carriers certificated by the Board; (C) Aircraft while engaged in training operations conducted entirely within a fifty-mile radius of the airport from which such local flight operations began; (D) Aircraft while engaged in flight operations incident to design and testing; (E) New aircraft while engaged in flight operations incident to their manufacture, preparation, and delivery; "Amended by sec. 120(a) of Public Law 93-643, Jan. 4, 1975 (88 Stat. 2289) and by sec. 143 of Public Law 94-280, May 5, 1976 (90 Stat. 445). (F) Aircraft while engaged in flight operations incident to the aerial application of chemicals and other substances for agricultural purposes; (G) Aircraft certificated by the Administrator for research and development purposes; (H) Aircraft while used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys; and (I) Aircraft equipped to carry not more than one person. |