What might a speaker do to help counteract the problems of listeners focusing on their own personal concerns instead of the speech?

Page 2

MONDAY, OCTOBER 27, 1969 the head of the Federal agency responsible to be other than a part of the real property for the administration of such Federal finan- solely because of the right or obligation of Mr. BYRD of West Virginia. Mr. Presicial assistance unless such State agency has a tenant, as against the owner of any other dent, I ask unanimous consent that, entered into an agreement which shall pro- interest in the real property, to remove such when the Senate completes its business vide

building structure, or improvement at the today, it stand in adjournment until 12 (1) that every reasonable effort shall be expiration of his term, and the head of the

o'clock meridian Monday next. made to acquire the real property by nego- State agency shall pay to the tenant the tiated purchase; fair value of the building, structure, or im

The PRESIDING OFFICER (Mr. (2) that the construction or development provement, which fair value shall be de

SAXBE in the chair). Without objection, it of the public improvement shall be so sched- termined by such agency head as the greatest is so ordered. uled that, to the greatest extent practicable, of (1) the contributive value of the imno person lawfully occupying the real prop- provement to the present use of the enerty shall be required to move from his tirety, (2) the current cost of reproduction

ORDER OF BUSINESS home, farm, or business location without at less depreciation of the improvement, or (3) least ninety days' written notice from such the value of the improvement for removal Mr. BYRD of West Virginia. Mr. PresiState agency; and

from the property, except that (1) payment dent, I suggest the absence of a quorum. (3) that it shall be the policy of the head hereunder will not result in duplication of

The PRESIDING OFFICER. The clerk of the State agency, before initiating ne- any payments otherwise authorized by law;

will call the roll. gotiations for real property, to establish an (2) the fee owner of the land involved disamount which he believes to be just com

The assistant legislative clerk proclaims any interest in the improvements of pensation, under the laws of the State, such the lessee; and (3) the lessee in consideration

ceeded to call the roll. amount not to be less than the appraised for such payment shall assign, transfer, and Mr. BYRD of West Virginia. Mr. Presivalue of the property as approved by such release to the State agency all his right, dent, I ask unanimous consent that the State agency head, and to make a prompt title, and interest in and to such im- order for the quorum call be rescinded. offer to acquire the property for the full

provements. No provision of this paragraph The PRESIDING OFFICER. Without amount so established.

shall be construed to deprive the lessee of objection, it is ordered. (b) Notwithstanding any other provision

his right to reject the payments hereunder of law, no grant to, or contract or agreement and to obtain payment for his property inwith, a State agency, under which Federal

terests of just compensation as otherwise definancial assistance will be available to pay fined by law.

ADJOURNMENT TO MONDAY, in whole or in part the cost of the acquisi

OCTOBER 27, 1969

PROVISIONS REPEALED tion of real property, or of a public improvement for which real property is to be ac

SEC. 322. Sections 401, 402 and 403 of the Mr. BYRD of West Virginia. Mr. Presquired, may be approved by the head of the Housing and Urban Development Act of 1965 ident, if there be no further business to Federal agency responsible for the adminis- (42 U.S.C. 3071-3073) and section 35 of the come before the Senate, I move, in actration of such Federal financial assistance, Federal Aid Highway Act of 1968 (Public cordance with the order previously enunless such State agency has entered into Law 90-495) are hereby repealed.

tered, that the Senate stand in adjournthe agreements described in subsection (a)

EFFECTIVE DATE

ment until 12 o'clock noon on Monday of this section and has also agreed

SEC. 323. (a) Except as provided in sub- next. (1) that no owner will be required to sur

section (b), this title shall become effective render possession of real property before the

The motion was agreed to; and (at 3 one hundred and eighty days after enact- o'clock and 22 minutes p.m.) the Senate head of the State agency (A) pays the agreed

ment. purchase price. (B) makes available to the

adjourned until Monday, October 27,

(b) Sections 321 (b) and 322 shall take owner, by court deposit or otherwise, an amount not less than the appraised fair effect on July 1, 1971, except that com

1969, at 12 o'clock meridian. value of such property, as approved by such

mencing one hundred and eighty days after State agency head, without prejudice to the

enactment, the provisions of section 321 (b)
shall be applicable with respect to any grant

NOMINATIONS
right of the owner to contest the amount of
compensation due for the property, or (C)
to or contract or agreement with a State

Executive nominations received by the deposits or pays the final award of compen

agency to the extent it is able under its sation in the condemnation proceeding for

laws to comply with such sections and the Senate October 23, 1969: such property; provisions of Federal law governing acquisi

U.S. DISTRICT JUDGE tion of real property otherwise applicable to (2) that the head of the State agency, as

Philip C. Wilkins of California to be U.S. grants to or contracts or agreements with soon as practicable after the date of payment

district judge for the eastern district of Calisuch agency shall be superseded by this fornia vice Sherrill Halbert, retired. of the purchase price or the date of deposit

title. of funds to satisfy the award of compensa

TITLE IV-JUDICIAL REVIEW tion in a condemnation proceeding to acquire real property, whichever is the earlier, SEC. 401. The provisions of sections 551

CONFIRMATIONS shall reimburse the owner for necessary and 553, 559, and 701-706 of title 5, United reasonable expenses incurred forStates Code, shall apply to an action of a

Executive nominations confirmed by (A) recording fees, transfer taxes, and Federal agency under titles II and III. For the Senate October 23, 1969: similar expenses incidental to conveying purpose of this title, the definition of “per

DEPARTMENT OF COMMERCE such real property; son" contained in section 551(2) of title

Harold C. Passer, of New York, to be an (B) penalty costs for prepayment of any 5, United States Code, shall be deemed to

Assistant Secretary of Commerce. mortgage entered into in good faith encum- include a State as defined by section 102 bering such real property if such mortgage of this Act.

FEDERAL POWER COMMISSION is on record or has been filed for record un- SEC. 402. Any person or State adversely Albert Bushong Brooke, Jr., of Maryland, der applicable State law on the date the of- affected or aggrieved by a final action of a to be a member of the Federal Power Comficial announcement of the project is made Federal agency under title II or title III mission for the term of 5 years expiring by the State agency; and

of this Act may seek judicial review of such June 22, 1974. (C) the pro rata portion of real property final agency action and demand appropri

FEDERAL MARITIME COMMISSION taxes allocable to a period subsequent to the ate relief in a judicial district of the United date of vesting title in the State or the effec- States as follows:

James V. Day, of Maine, to be a Federal tive date of a court order of possession, (1) if the agency action pertains to prop

Maritime Commissioner for the term expir

ing June 30, 1974. whichever is the earlier, unless such pro rata erty or any interest therein acquired or portion of the taxes may be canceled under being acquired by the United States, or the ENVIRONMENTAL SCIENCE SERVICES State or local laws; ownership or right of the United States to

ADMINISTRATION (3) that any decrease or increase in the possession of property, by an action in the

Subject to qualifications provided by law, value of real property prior to the date of judicial district in which the property is the following for permanent appointment to valuation caused by the public improvement situated; and

the grades indicated in the Environmental for which such property is acquired, or by

(2) in all other matters, by an action in

Science Services Administration: the likelihood that the property would be a judicial district as provided for in section

To be captains acquired for the proposed public improve- 1391 (e) of title 28, United States Code.

Jack E. Guth ments, other than that due to physical deterioration within the reasonable control of

Mr. MANSFIELD. Mr. President, no Robert E. Williams the owner, will be disregarded in determin

further action will be taken this after- Robert C. Munson ing the compensation for the property; and noon. There will be no further votes, but Gerald E. Haraden

To be lieutenant (4) that for the purpose of determining if Senators wish to enlighten the Senate, the extent of the acquisition of real property there is plenty of time at their disposal. Robert D. Hickson, Jr.