US (United States) Code. Title 42. Chapter 61: Uniform relocaton assistance and real property acquisition policies

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare. Federal and federally assisted programs

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-CITE-

42 USC CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND

REAL PROPERTY ACQUISITION POLICIES FOR

FEDERAL AND FEDERALLY ASSISTED PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

-HEAD-

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

4601. Definitions.

4602. Effect upon property acquisition.

4603. Additional appropriations for moving costs, relocation

benefits and other expenses incurred in acquisition

of lands for National Park System; waiver of

benefits.

4604. Certification.

(a) Acceptance of State agency certification.

(b) Promulgation of regulations; notice and

comment; consultation with local governments.

(c) Effect of noncompliance with certification or

with applicable law.

4605. Displaced persons not eligible for assistance.

(a) In general.

(b) Determinations of eligibility.

(c) Exceptional and extremely unusual hardship.

(d) Limitation on statutory construction.

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

4621. Declaration of findings and policy.

(a) Findings.

(b) Policy.

(c) Congressional intent.

4622. Moving and related expenses.

(a) General provision.

(b) Displacement from dwelling; election of

payments: expense and dislocation allowance.

(c) Displacement from business or farm operation;

election of payments; minimum and maximum

amounts; eligibility.

(d) Certain utility relocation expenses.

4623. Replacement housing for homeowner; mortgage insurance.

4624. Replacement housing for tenants and certain others.

4625. Relocation planning, assistance coordination, and

advisory services.

(a) Planning of programs or projects undertaken by

Federal agencies or with Federal financial

assistance.

(b) Availability of advisory services.

(c) Measures, facilities, or services; description.

(d) Coordination of relocation activities with

other Federal, State, or local governmental

actions.

(e) Selection of implementation procedures.

(f) Tenants occupying property acquired for

programs or projects; eligibility for advisory

services.

4626. Housing replacement by Federal agency as last resort.

4627. State required to furnish real property incident to

Federal assistance (local cooperation).

4628. State acting as agent for Federal program.

4629. Public works programs and projects of District of

Columbia government and Washington Metropolitan Area

Transit Authority.

4630. Requirements for relocation payments and assistance of

federally assisted program; assurances of

availability of housing.

4631. Federal share of costs.

(a) Cost to displacing agency; eligibility.

(b) Comparable payments under other laws.

(c) Agreements prior to January 2, 1971;

advancements.

4632. Administration; relocation assistance in programs

receiving Federal financial assistance.

4633. Duties of lead agency.

(a) General provisions.

(b) Regulations and procedures.

(c) Applicability to Tennessee Valley Authority and

Rural Electrification Administration.

4634. Repealed.

4635. Planning and other preliminary expenses for additional

housing.

4636. Payments not to be considered as income for revenue

purposes or for eligibility for assistance under

Social Security Act or other Federal law.

4637. Repealed.

4638. Transfers of surplus property.

SUBCHAPTER III - UNIFORM REAL PROPERTY ACQUISITION POLICY

4651. Uniform policy on real property acquisition practices.

4652. Buildings, structures, and improvements.

4653. Expenses incidental to transfer of title to United

States.

4654. Litigation expenses.

(a) Judgment for owner or abandonment of

proceedings.

(b) Payment.

(c) Claims against United States.

4655. Requirements for uniform land acquisition policies;

payments of expenses incidental to transfer of real

property to State; payment of litigation expenses in

certain cases.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1437e, 1437p, 5181, 5304,

11503 of this title; title 16 sections 410uu-1, 460o-1, 429b-2;

title 23 sections 108, 133, 182; title 25 section 640d-14; title 40

sections 6702, 6714; title 43 sections 1578, 1598; title 49 section

70304.

-End-

-CITE-

42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4633 of this title.

-End-

-CITE-

42 USC Sec. 4601 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 4601. Definitions

-STATUTE-

As used in this chapter -

(1) The term "Federal agency" means any department, agency, or

instrumentality in the executive branch of the Government, any

wholly owned Government corporation, the Architect of the Capitol,

the Federal Reserve banks and branches thereof, and any person who

has the authority to acquire property by eminent domain under

Federal law.

(2) The term "State" means any of the several States of the

United States, the District of Columbia, the Commonwealth of Puerto

Rico, any territory or possession of the United States, the Trust

Territory of the Pacific Islands, and any political subdivision

thereof.

(3) The term "State agency" means any department, agency, or

instrumentality of a State or of a political subdivision of a

State, any department, agency, or instrumentality of 2 or more

States or of 2 or more political subdivisions of a State or States,

and any person who has the authority to acquire property by eminent

domain under State law.

(4) The term "Federal financial assistance" means a grant, loan,

or contribution provided by the United States, except any Federal

guarantee or insurance, any interest reduction payment to an

individual in connection with the purchase and occupancy of a

residence by that individual, and any annual payment or capital

loan to the District of Columbia.

(5) The term "person" means any individual, partnership,

corporation, or association.

(6)(A) The term "displaced person" means, except as provided in

subparagraph (B) -

(i) any person who moves from real property, or moves his

personal property from real property -

(I) as a direct result of a written notice of intent to

acquire or the acquisition of such real property in whole or in

part for a program or project undertaken by a Federal agency or

with Federal financial assistance; or

(II) on which such person is a residential tenant or conducts

a small business, a farm operation, or a business defined in

paragraph (7)(D), as a direct result of rehabilitation,

demolition, or such other displacing activity as the lead

agency may prescribe, under a program or project undertaken by

a Federal agency or with Federal financial assistance in any

case in which the head of the displacing agency determines that

such displacement is permanent; and

(ii) solely for the purposes of sections 4622(a) and (b) and

4625 of this title, any person who moves from real property, or

moves his personal property from real property -

(I) as a direct result of a written notice of intent to

acquire or the acquisition of other real property, in whole or

in part, on which such person conducts a business or farm

operation, for a program or project undertaken by a Federal

agency or with Federal financial assistance; or

(II) as a direct result of rehabilitation, demolition, or

such other displacing activity as the lead agency may

prescribe, of other real property on which such person conducts

a business or a farm operation, under a program or project

undertaken by a Federal agency or with Federal financial

assistance where the head of the displacing agency determines

that such displacement is permanent.

(B) The term "displaced person" does not include -

(i) a person who has been determined, according to criteria

established by the head of the lead agency, to be either in

unlawful occupancy of the displacement dwelling or to have

occupied such dwelling for the purpose of obtaining assistance

under this chapter;

(ii) in any case in which the displacing agency acquires

property for a program or project, any person (other than a

person who was an occupant of such property at the time it was

acquired) who occupies such property on a rental basis for a

short term or a period subject to termination when the property

is needed for the program or project.

(7) The term "business" means any lawful activity, excepting a

farm operation, conducted primarily -

(A) for the purchase, sale, lease and rental of personal and

real property, and for the manufacture, processing, or marketing

of products, commodities, or any other personal property;

(B) for the sale of services to the public;

(C) by a nonprofit organization; or

(D) solely for the purposes of section 4622 of this title, for

assisting in the purchase, sale, resale, manufacture, processing,

or marketing of products, commodities, personal property, or

services by the erection and maintenance of an outdoor

advertising display or displays, whether or not such display or

displays are located on the premises on which any of the above

activities are conducted.

(8) The term "farm operation" means any activity conducted solely

or primarily for the production of one or more agricultural

products or commodities, including timber, for sale or home use,

and customarily producing such products or commodities in

sufficient quantity to be capable of contributing materially to the

operator's support.

(9) The term "mortgage" means such classes of liens as are

commonly given to secure advances on, or the unpaid purchase price

of, real property, under the laws of the State in which the real

property is located, together with the credit instruments, if any,

secured thereby.

(10) The term "comparable replacement dwelling" means any

dwelling that is (A) decent, safe, and sanitary; (B) adequate in

size to accommodate the occupants; (C) within the financial means

of the displaced person; (D) functionally equivalent; (E) in an

area not subject to unreasonable adverse environmental conditions;

and (F) in a location generally not less desirable than the

location of the displaced person's dwelling with respect to public

utilities, facilities, services, and the displaced person's place

of employment.

(11) The term "displacing agency" means any Federal agency

carrying out a program or project, and any State, State agency, or

person carrying out a program or project with Federal financial

assistance, which causes a person to be a displaced person.

(12) The term "lead agency" means the Department of

Transportation.

(13) The term "appraisal" means a written statement independently

and impartially prepared by a qualified appraiser setting forth an

opinion of defined value of an adequately described property as of

a specific date, supported by the presentation and analysis of

relevant market information.

-SOURCE-

(Pub. L. 91-646, title I, Sec. 101, Jan. 2, 1971, 84 Stat. 1894;

Pub. L. 100-17, title IV, Sec. 402, Apr. 2, 1987, 101 Stat. 246.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in introductory provision and par.

(6)(B)(i), was in the original "this Act", meaning Pub. L. 91-646,

Jan. 2, 1971, 84 Stat. 1894, known as the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970. For

complete classification of this Act to the Code, see Short Title

note set out below and Tables.

-MISC1-

AMENDMENTS

1987 - Par. (1). Pub. L. 100-17, Sec. 402(a), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "The term

'Federal agency' means any department, agency, or instrumentality

in the executive branch of the Government (except the National

Capital Housing Authority), any wholly owned Government corporation

(except the District of Columbia Redevelopment Land Agency), and

the Architect of the Capitol, the Federal Reserve banks and

branches thereof."

Par. (3). Pub. L. 100-17, Sec. 402(b), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "The term

'State agency' means the National Capital Housing Authority, the

District of Columbia Redevelopment Land Agency, and any department,

agency, or instrumentality of a State or of a political subdivision

of a State, or any department, agency, or instrumentality of two or

more States or of two or more political subdivisions of a State or

States."

Par. (4). Pub. L. 100-17, Sec. 402(c), inserted ", any interest

reduction payment to an individual in connection with the purchase

and occupancy of a residence by that individual," after

"insurance".

Par. (6). Pub. L. 100-17, Sec. 402(d), amended par. (6)

generally. Prior to amendment, par. (6) read as follows: "The term

'displaced person' means any person who, on or after January 2,

1971, moves from real property, or moves his personal property from

real property, as a result of the acquisition of such real

property, in whole or in part, or as the result of the written

order of the acquiring agency to vacate real property, for a

program or project undertaken by a Federal agency, or with Federal

financial assistance; and solely for the purposes of sections

4622(a) and (b) and 4625 of this title, as a result of the

acquisition of or as the result of the written order of the

acquiring agency to vacate other real property, on which such

person conducts a business or farm operation, for such program or

project."

Par. (7)(D). Pub. L. 100-17, Sec. 402(f), substituted "section

4622" for "section 4622(a)".

Pars. (10) to (13). Pub. L. 100-17, Sec. 402(e), added pars. (10)

to (13).

EFFECTIVE DATE OF 1987 AMENDMENT

Section 418 of title IV of Pub. L. 100-17 provided that: "The

amendment made by section 412 of this title [amending section 4633

of this title] (to the extent such amendment prescribes authority

to develop, publish, and issue regulations) shall take effect on

the date of the enactment of this title [Apr. 2, 1987]. This title

and the amendments made by this title [enacting section 4604 of

this title, amending this section and sections 4621 to 4626, 4630,

4631, 4633, 4636, 4638, 4651, and 4655 of this title, repealing

sections 4634 and 4637 of this title, and enacting provisions set

out as a note under this section] (other than the amendment made by

section 412 to such extent) shall take effect on the effective date

provided in such regulations but not later than 2 years after such

date of enactment."

EFFECTIVE DATE

Section 221 of Pub. L. 91-646 provided that:

"(a) Except as provided in subsections (b) and (c) of this

section, this Act and the amendments made by this Act [see Short

Title note below] shall take effect on the date of its enactment

[Jan. 2, 1971].

"(b) Until July 1, 1972, sections 210 and 305 [sections 4630 and

4655 of this title] shall be applicable to a State only to the

extent that such State is able under its laws to comply with such

sections. After July 1, 1972, such sections [sections 4630 and 4655

of this title] shall be completely applicable to all States.

"(c) The repeals made by paragraphs (4) [repealing section

1606(b) of former Title 49, Transportation], (5) [repealing section

1465 of this title], (6) [repealing section 1415(7)(b)(iii) and (8)

second sentence of this title], (8) [repealing section 3074 of this

title], (9) [repealing section 3307(b), (c) of this title], (10)

[repealing chapter 5 (sections 501-511) of Title 23, Highways],

(11) [repealing provisions set out as notes under sections 501 and

510 of Title 23], and (12) of section 220(a) of this title and

section 306 of title III [repealing sections 3071 to 3073 of this

title, section 141 of Title 23, and section 596 of Title 33,

Navigation and Navigable Waters] shall not apply to any State so

long as sections 210 and 305 [sections 4630 and 4655 of this title]

are not applicable in such State."

SHORT TITLE OF 1987 AMENDMENT

Section 401 of title IV of Pub. L. 100-17 provided that: "This

title [enacting section 4604 of this title, amending this section

and sections 4621 to 4626, 4630, 4631, 4633, 4636, 4638, 4651, and

4655 of this title, repealing sections 4634 and 4637 of this title,

and enacting provisions set out as a note under this section] may

be cited as the 'Uniform Relocation Act Amendments of 1987'."

SHORT TITLE

Section 1 of Pub. L. 91-646 provided: "That this Act [enacting

this chapter, amending sections 1415, 2473, and 3307 of this title

and section 1606 of former Title 49, Transportation, repealing

sections 1465 and 3071 to 3074 of this title, section 2680 of Title

10, Armed Forces, sections 141 and 501 to 512 of Title 23,

Highways, section 596 of Title 33, Navigation and Navigable Waters,

sections 1231 to 1234 of Title 43, Public Lands, and enacting

provisions set out as notes under this section and sections 4621

and 4651 of this title, and repealing provisions set out as notes

under sections 501 and 510 of Title 23] may be cited as the

'Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970'."

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC2-

TREATMENT OF REAL PROPERTY BUYOUT PROGRAMS

Pub. L. 103-181, Sec. 4, Dec. 3, 1993, 107 Stat. 2055, provided

that:

"(a) Inapplicability of URA. - The purchase of any real property

under a qualified buyout program shall not constitute the making of

Federal financial assistance available to pay all or part of the

cost of a program or project resulting in the acquisition of real

property or in any owner of real property being a displaced person

(within the meaning of the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et

seq.]).

"(b) Definition of 'Qualified Buyout Program'. - For purposes of

this section, the term 'qualified buyout program' means any program

that -

"(1) provides for the purchase of only property damaged by the

major, widespread flooding in the Midwest during 1993;

"(2) provides for such purchase solely as a result of such

flooding;

"(3) provides for such acquisition without the use of the power

of eminent domain and notification to the seller that acquisition

is without the use of such power;

"(4) is carried out by or through a State or unit of general

local government; and

"(5) is being assisted with amounts made available for -

"(A) disaster relief by the Federal Emergency Management

Agency; or

"(B) other Federal financial assistance programs."

[For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4603, 4625, 4655 of this

title; title 16 sections 429b-2, 460e-1, 460l-8, 460bb-2, 698b,

698h.

-End-

-CITE-

42 USC Sec. 4602 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 4602. Effect upon property acquisition

-STATUTE-

(a) The provisions of section 4651 of this title create no rights

or liabilities and shall not affect the validity of any property

acquisitions by purchase or condemnation.

(b) Nothing in this chapter shall be construed as creating in any

condemnation proceedings brought under the power of eminent domain,

any element of value or of damage not in existence immediately

prior to January 2, 1971.

-SOURCE-

(Pub. L. 91-646, title I, Sec. 102, Jan. 2, 1971, 84 Stat. 1895.)

-End-

-CITE-

42 USC Sec. 4603 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 4603. Additional appropriations for moving costs, relocation

benefits and other expenses incurred in acquisition of lands for

National Park System; waiver of benefits

-STATUTE-

(a) In all instances where authorizations of appropriations for

the acquisition of lands for the National Park System enacted prior

to January 9, 1971, do not include provisions therefor, there are

authorized to be appropriated such additional sums as may be

necessary to provide for moving costs, relocation benefits, and

other expenses incurred pursuant to the applicable provisions of

this chapter. There are also authorized to be appropriated not to

exceed $8,400,000 in addition to those authorized in Public Law

92-272 (86 Stat. 120) to provide for such moving costs, relocation

benefits, and other related expenses in connection with the

acquisition of lands authorized by Public Law 92-272.

(b) Whenever an owner of property elects to retain a right of use

and occupancy pursuant to any statute authorizing the acquisition

of property for purposes of a unit of the National Park System,

such owner shall be deemed to have waived any benefits under

sections 4623, 4624, 4625, and 4626 of this title, and for the

purposes of those sections such owner shall not be considered a

displaced person as defined in section 4601(6) of this title.

-SOURCE-

(Pub. L. 93-477, title IV, Sec. 405, Oct. 26, 1974, 88 Stat. 1448.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 92-272, referred to in subsec. (a), is Pub. L. 92-272,

Apr. 11, 1972, 86 Stat. 120, which to the extent classified to the

Code, amended sections 284b, 428m, 459f-10, 460m-1, 460m-7 and

460t-4 of Title 16, Conservation, and amended a provision set out

as a note under section 450ll of Title 16. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970 which

comprises this chapter.

-End-

-CITE-

42 USC Sec. 4604 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 4604. Certification

-STATUTE-

(a) Acceptance of State agency certification

Notwithstanding sections 4630 and 4655 of this title, the head of

a Federal agency may discharge any of his responsibilities under

this chapter by accepting a certification by a State agency that it

will carry out such responsibility, if the head of the lead agency

determines that such responsibility will be carried out in

accordance with State laws which will accomplish the purpose and

effect of this chapter.

(b) Promulgation of regulations; notice and comment; consultation

with local governments

(1) The head of the lead agency shall issue regulations to carry

out this section.

(2) Repealed. Pub. L. 104-66, title I, Sec. 1121(f), Dec. 21,

1995, 109 Stat. 724.

(3) Before making a determination regarding any State law under

subsection (a) of this section, the head of the lead agency shall

provide interested parties with an opportunity for public review

and comment. In particular, the head of the lead agency shall

consult with interested local general purpose governments within

the State on the effects of such State law on the ability of local

governments to carry out their responsibilities under this chapter.

(c) Effect of noncompliance with certification or with applicable

law

(1) The head of a Federal agency may withhold his approval of any

Federal financial assistance to or contract or cooperative

agreement with any displacing agency found by the Federal agency to

have failed to comply with the laws described in subsection (a) of

this section.

(2) After consultation with the head of the lead agency, the head

of a Federal agency may rescind his acceptance of any certification

under this section, in whole or in part, if the State agency fails

to comply with such certification or with State law.

-SOURCE-

(Pub. L. 91-646, title I, Sec. 103, as added Pub. L. 100-17, title

IV, Sec. 403, Apr. 2, 1987, 101 Stat. 248; amended Pub. L. 104-66,

title I, Sec. 1121(f), Dec. 21, 1995, 109 Stat. 724.)

-MISC1-

AMENDMENTS

1995 - Subsec. (b)(2). Pub. L. 104-66 struck out par. (2) which

read as follows: "The head of the lead agency shall, in

coordination with other Federal agencies, monitor from time to

time, and report biennially to the Congress on, State agency

implementation of this section. A State agency shall make available

any information required for such purpose."

EFFECTIVE DATE

Section effective on effective date provided in regulations

promulgated under section 4633 of this title (as amended by section

412 of Pub. L. 100-17), but not later than 2 years after Apr. 2,

1987, see section 418 of Pub. L. 100-17, set out as an Effective

Date of 1987 Amendment note under section 4601 of this title.

-End-

-CITE-

42 USC Sec. 4605 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 4605. Displaced persons not eligible for assistance

-STATUTE-

(a) In general

Except as provided in subsection (c) of this section, a displaced

person shall not be eligible to receive relocation payments or any

other assistance under this chapter if the displaced person is an

alien not lawfully present in the United States.

(b) Determinations of eligibility

(1) Promulgation of regulations

Not later than 1 year after November 21, 1997, after providing

notice and an opportunity for public comment, the head of the

lead agency shall promulgate regulations to carry out subsection

(a) of this section.

(2) Contents of regulations

Regulations promulgated under paragraph (1) shall -

(A) prescribe the processes, procedures, and information that

a displacing agency must use in determining whether a displaced

person is an alien not lawfully present in the United States;

(B) prohibit a displacing agency from discriminating against

any displaced person;

(C) ensure that each eligibility determination is fair and

based on reliable information; and

(D) prescribe standards for a displacing agency to apply in

making determinations relating to exceptional and extremely

unusual hardship under subsection (c) of this section.

(c) Exceptional and extremely unusual hardship

If a displacing agency determines by clear and convincing

evidence that a determination of the ineligibility of a displaced

person under subsection (a) of this section would result in

exceptional and extremely unusual hardship to an individual who is

the displaced person's spouse, parent, or child and who is a

citizen of the United States or an alien lawfully admitted for

permanent residence in the United States, the displacing agency

shall provide relocation payments and other assistance to the

displaced person under this chapter if the displaced person would

be eligible for the assistance but for subsection (a) of this

section.

(d) Limitation on statutory construction

Nothing in this section affects any right available to a

displaced person under any other provision of Federal or State law.

-SOURCE-

(Pub. L. 91-646, title I, Sec. 104, as added Pub. L. 105-117, Sec.

1, Nov. 21, 1997, 111 Stat. 2384.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4633 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-End-

-CITE-

42 USC Sec. 4621 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4621. Declaration of findings and policy

-STATUTE-

(a) Findings

The Congress finds and declares that -

(1) displacement as a direct result of programs or projects

undertaken by a Federal agency or with Federal financial

assistance is caused by a number of activities, including

rehabilitation, demolition, code enforcement, and acquisition;

(2) relocation assistance policies must provide for fair,

uniform, and equitable treatment of all affected persons;

(3) the displacement of businesses often results in their

closure;

(4) minimizing the adverse impact of displacement is essential

to maintaining the economic and social well-being of communities;

and

(5) implementation of this chapter has resulted in burdensome,

inefficient, and inconsistent compliance requirements and

procedures which will be improved by establishing a lead agency

and allowing for State certification and implementation.

(b) Policy

This subchapter establishes a uniform policy for the fair and

equitable treatment of persons displaced as a direct result of

programs or projects undertaken by a Federal agency or with Federal

financial assistance. The primary purpose of this subchapter is to

ensure that such persons shall not suffer disproportionate injuries

as a result of programs and projects designed for the benefit of

the public as a whole and to minimize the hardship of displacement

on such persons.

(c) Congressional intent

It is the intent of Congress that -

(1) Federal agencies shall carry out this subchapter in a

manner which minimizes waste, fraud, and mismanagement and

reduces unnecessary administrative costs borne by States and

State agencies in providing relocation assistance;

(2) uniform procedures for the administration of relocation

assistance shall, to the maximum extent feasible, assure that the

unique circumstances of any displaced person are taken into

account and that persons in essentially similar circumstances are

accorded equal treatment under this chapter;

(3) the improvement of housing conditions of economically

disadvantaged persons under this subchapter shall be undertaken,

to the maximum extent feasible, in coordination with existing

Federal, State, and local governmental programs for accomplishing

such goals; and

(4) the policies and procedures of this chapter will be

administered in a manner which is consistent with fair housing

requirements and which assures all persons their rights under

title VIII of the Act of April 11, 1968 (Public Law 90-284),

commonly known as the Civil Rights Act of 1968 [42 U.S.C. 3601 et

seq.], and title VI of the Civil Rights Act of 1964 [42 U.S.C.

2000d et seq.].

-SOURCE-

(Pub. L. 91-646, title II, Sec. 201, Jan. 2, 1971, 84 Stat. 1895;

Pub. L. 100-17, title IV, Sec. 404, Apr. 2, 1987, 101 Stat. 248.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(5) and (c)(2), (4), was

in the original "this Act", meaning Pub. L. 91-646, Jan. 2, 1971,

84 Stat. 1894, known as the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970, which enacted this

chapter, amended sections 1415, 2473, and 3307 of this title and

section 1606 of former Title 49, Transportation, repealed sections

1465 and 3071 to 3074 of this title, section 2680 of Title 10,

Armed Forces, sections 141 and 501 to 512 of Title 23, Highways,

section 596 of Title 33, Navigation and Navigable Waters, sections

1231 to 1234 of Title 43, Public Lands, and enacted provisions set

out as notes under sections 4601, 4621, and 4651 of this title and

under section 501 of Title 23. For complete classification of this

Act to the Code, see Short Title note set out under section 4601 of

this title and Tables.

This subchapter, referred to in subsecs. (b) and (c)(1), (3), was

in the original "this title", meaning title II of Pub. L. 91-646,

Jan. 2, 1971, 84 Stat. 1895, which enacted this subchapter, amended

sections 1415, 2473, and 3307 of this title and section 1606 of

former Title 49, repealed sections 1465 and 3074 of this title,

section 2680 of Title 10, sections 501 to 512 of Title 23, sections

1231 to 1234 of Title 43, and enacted provisions set out as notes

under sections 4601 and 4621 of this title and under sections 501

to 512 of Title 23. For complete classification of title II to the

Code, see Tables.

Title VIII of the Act of April 11, 1968 (Public Law 90-284),

commonly known as the Civil Rights Act of 1968, referred to in

subsec. (c)(4), is title VIII of Pub. L. 90-284, Apr. 11, 1968, 82

Stat. 81, as amended, known as the Fair Housing Act, which is

classified principally to subchapter I (Sec. 3601 et seq.) of

chapter 45 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 3601 of

this title and Tables.

The Civil Rights Act of 1964, referred to in subsec. (c)(4), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Civil Rights Act of 1964 is classified generally to subchapter

V (Sec. 2000d et seq.) of chapter 21 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2000a of this title and Tables.

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-17 substituted "Declaration of findings and

policy" for "Declaration of policy" in section catchline and

amended text generally. Prior to amendment, text read as follows:

"The purpose of this subchapter is to establish a uniform policy

for the fair and equitable treatment of persons displaced as a

result of Federal and federally assisted programs in order that

such persons shall not suffer disproportionate injuries as a result

of programs designed for the benefit of the public as a whole."

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

SAVINGS PROVISION

Section 220(b) of Pub. L. 91-646 provided that: "Any rights or

liabilities now existing under prior Acts or portions thereof shall

not be affected by the repeal of such prior Acts or portions

thereof under subsection (a) of this section [repealing sections

1415(7)(b)(iii), (8) second sentence, 1465, 2473(b)(14), 3074, and

3307(b), (c) of this title, section 2680 of Title 10, Armed Forces,

sections 501 to 512 of Title 23, Highways, sections 1231 to 1234 of

Title 43, Public Lands, and section 1606(b) of former Title 49,

Transportation, and provisions set out as notes under sections 501

and 511 of Title 23]."

-End-

-CITE-

42 USC Sec. 4622 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4622. Moving and related expenses

-STATUTE-

(a) General provision

Whenever a program or project to be undertaken by a displacing

agency will result in the displacement of any person, the head of

the displacing agency shall provide for the payment to the

displaced person of -

(1) actual reasonable expenses in moving himself, his family,

business, farm operation, or other personal property;

(2) actual direct losses of tangible personal property as a

result of moving or discontinuing a business or farm operation,

but not to exceed an amount equal to the reasonable expenses that

would have been required to relocate such property, as determined

by the head of the agency;

(3) actual reasonable expenses in searching for a replacement

business or farm; and

(4) actual reasonable expenses necessary to reestablish a

displaced farm, nonprofit organization, or small business at its

new site, but not to exceed $10,000.

(b) Displacement from dwelling; election of payments: expense and

dislocation allowance

Any displaced person eligible for payments under subsection (a)

of this section who is displaced from a dwelling and who elects to

accept the payments authorized by this subsection in lieu of the

payments authorized by subsection (a) of this section may receive

an expense and dislocation allowance, which shall be determined

according to a schedule established by the head of the lead agency.

(c) Displacement from business or farm operation; election of

payments; minimum and maximum amounts; eligibility

Any displaced person eligible for payments under subsection (a)

of this section who is displaced from the person's place of

business or farm operation and who is eligible under criteria

established by the head of the lead agency may elect to accept the

payment authorized by this subsection in lieu of the payment

authorized by subsection (a) of this section. Such payment shall

consist of a fixed payment in an amount to be determined according

to criteria established by the head of the lead agency, except that

such payment shall not be less than $1,000 nor more than $20,000. A

person whose sole business at the displacement dwelling is the

rental of such property to others shall not qualify for a payment

under this subsection.

(d) Certain utility relocation expenses

(1) Except as otherwise provided by Federal law -

(A) if a program or project (i) which is undertaken by a

displacing agency, and (ii) the purpose of which is not to

relocate or reconstruct any utility facility, results in the

relocation of a utility facility;

(B) if the owner of the utility facility which is being

relocated under such program or project has entered into, with

the State or local government on whose property, easement, or

right-of-way such facility is located, a franchise or similar

agreement with respect to the use of such property, easement, or

right-of-way; and

(C) if the relocation of such facility results in such owner

incurring an extraordinary cost in connection with such

relocation;

the displacing agency may, in accordance with such regulations as

the head of the lead agency may issue, provide to such owner a

relocation payment which may not exceed the amount of such

extraordinary cost (less any increase in the value of the new

utility facility above the value of the old utility facility and

less any salvage value derived from the old utility facility).

(2) For purposes of this subsection, the term -

(A) "extraordinary cost in connection with a relocation" means

any cost incurred by the owner of a utility facility in

connection with relocation of such facility which is determined

by the head of the displacing agency, under such regulations as

the head of the lead agency shall issue -

(i) to be a non-routine relocation expense;

(ii) to be a cost such owner ordinarily does not include in

its annual budget as an expense of operation; and

(iii) to meet such other requirements as the lead agency may

prescribe in such regulations; and

(B) "utility facility" means -

(i) any electric, gas, water, steam power, or materials

transmission or distribution system;

(ii) any transportation system;

(iii) any communications system (including cable television);

and

(iv) any fixtures, equipment, or other property associated

with the operation, maintenance, or repair of any such system;

located on property which is owned by a State or local government

or over which a State or local government has an easement or

right-of-way. A utility facility may be publicly, privately, or

cooperatively owned.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 202, Jan. 2, 1971, 84 Stat. 1895;

Pub. L. 100-17, title IV, Sec. 405, Apr. 2, 1987, 101 Stat. 249.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-17, Sec. 405(a)(1), inserted

introductory provisions and struck out former introductory

provisions which read as follows: "Whenever the acquisition of real

property for a program or project undertaken by a Federal agency in

any State will result in the displacement of any person on or after

January 2, 1971, the head of such agency shall make a payment to

any displaced person, upon proper application as approved by such

agency head, for - ".

Subsec. (a)(4). Pub. L. 100-17, Sec. 405(a)(2)-(4), added par.

(4).

Subsec. (b). Pub. L. 100-17, Sec. 405(b), substituted "an expense

and dislocation allowance, which shall be determined according to a

schedule established by the head of the lead agency" for "a moving

expense allowance, determined according to a schedule established

by the head of the Federal agency, not to exceed $300; and a

dislocation allowance of $200".

Subsec. (c). Pub. L. 100-17, Sec. 405(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "Any

displaced person eligible for payments under subsection (a) of this

section who is displaced from his place of business or from his

farm operation and who elects to accept the payment authorized by

this subsection in lieu of the payment authorized by subsection (a)

of this section, may receive a fixed payment in an amount equal to

the average annual net earnings of the business or farm operation,

except that such payment shall be not less than $2,500 nor more

than $10,000. In the case of a business no payment shall be made

under this subsection unless the head of the Federal agency is

satisfied that the business (1) cannot be relocated without a

substantial loss of its existing patronage, and (2) is not a part

of a commercial enterprise having at least one other establishment

not being acquired by the United States, which is engaged in the

same or similar business. For purposes of this subsection, the term

'average annual net earnings' means one-half of any net earnings of

the business or farm operation, before Federal, State, and local

income taxes, during the two taxable years immediately preceding

the taxable year in which such business or farm operation moves

from the real property acquired for such project, or during such

other period as the head of such agency determines to be more

equitable for establishing such earnings, and includes any

compensation paid by the business or farm operation to the owner,

his spouse, or his dependents during such period."

Subsec. (d). Pub. L. 100-17, Sec. 405(d), added subsec. (d).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4601, 4630 of this title;

title 25 section 640d-14.

-End-

-CITE-

42 USC Sec. 4623 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4623. Replacement housing for homeowner; mortgage insurance

-STATUTE-

(a)(1) In addition to payments otherwise authorized by this

subchapter, the head of the displacing agency shall make an

additional payment not in excess of $22,500 to any displaced person

who is displaced from a dwelling actually owned and occupied by

such displaced person for not less than one hundred and eighty days

prior to the initiation of negotiations for the acquisition of the

property. Such additional payment shall include the following

elements:

(A) The amount, if any, which when added to the acquisition cost

of the dwelling acquired by the displacing agency, equals the

reasonable cost of a comparable replacement dwelling.

(B) The amount, if any, which will compensate such displaced

person for any increased interest costs and other debt service

costs which such person is required to pay for financing the

acquisition of any such comparable replacement dwelling. Such

amount shall be paid only if the dwelling acquired by the

displacing agency was encumbered by a bona fide mortgage which was

a valid lien on such dwelling for not less than 180 days

immediately prior to the initiation of negotiations for the

acquisition of such dwelling.

(C) Reasonable expenses incurred by such displaced person for

evidence of title, recording fees, and other closing costs incident

to the purchase of the replacement dwelling, but not including

prepaid expenses.

(2) The additional payment authorized by this section shall be

made only to a displaced person who purchases and occupies a

decent, safe, and sanitary replacement dwelling within 1 year after

the date on which such person receives final payment from the

displacing agency for the acquired dwelling or the date on which

the displacing agency's obligation under section 4625(c)(3) of this

title is met, whichever is later, except that the displacing agency

may extend such period for good cause. If such period is extended,

the payment under this section shall be based on the costs of

relocating the person to a comparable replacement dwelling within 1

year of such date.

(b) The head of any Federal agency may, upon application by a

mortgagee, insure any mortgage (including advances during

construction) on a comparable replacement dwelling executed by a

displaced person assisted under this section, which mortgage is

eligible for insurance under any Federal law administered by such

agency notwithstanding any requirements under such law relating to

age, physical condition, or other personal characteristics of

eligible mortgagors, and may make commitments for the insurance of

such mortgage prior to the date of execution of the mortgage.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 203, Jan. 2, 1971, 84 Stat. 1896;

Pub. L. 100-17, title IV, Sec. 406, Apr. 2, 1987, 101 Stat. 251.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a)(1). Pub. L. 100-17, Sec. 406(1)-(3),

substituted "displacing agency" for "Federal agency" and "$22,500"

for "$15,000" in introductory provisions, and in subpar. (A)

"acquired by the displacing agency, equals the reasonable cost of a

comparable replacement dwelling" for "acquired by the Federal

agency, equals the reasonable cost of a comparable replacement

dwelling which is a decent, safe, and sanitary dwelling adequate to

accommodate such displaced person, reasonably accessible to public

services and places of employment and available on the private

market. All determinations required to carry out this subparagraph

shall be made in accordance with standards established by the head

of the Federal agency making the additional payment".

Subsec. (a)(1)(B). Pub. L. 100-17, Sec. 406(4), added subpar. (B)

and struck out former subpar. (B) which read as follows: "The

amount, if any, which will compensate such displaced person for any

increased interest costs which such person is required to pay for

financing the acquisition of any such comparable replacement

dwelling. Such amount shall be paid only if the dwelling acquired

by the Federal agency was encumbered by a bona fide mortgage which

was a valid lien on such dwelling for not less than one hundred and

eighty days prior to the initiation of negotiations for the

acquisition of such dwelling. Such amount shall be equal to the

excess in the aggregate interest and other debt service costs of

that amount of the principal of the mortgage on the replacement

dwelling which is equal to the unpaid balance of the mortgage on

the acquired dwelling, over the remainder term of the mortgage on

the acquired dwelling, reduced to discounted present value. The

discount rate shall be the prevailing interest rate paid on savings

deposits by commercial banks in the general area in which the

replacement dwelling is located."

Subsec. (a)(2). Pub. L. 100-17, Sec. 406(5), added par. (2) and

struck out former par. (2) which read as follows: "The additional

payment authorized by this subsection shall be made only to such a

displaced person who purchases and occupies a replacement dwelling

which is decent, safe, and sanitary not later than the end of the

one year period beginning on the date on which he receives from the

Federal agency final payment of all costs of the acquired dwelling,

or on the date on which he moves from the acquired dwelling,

whichever is the later date."

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4603, 4624, 4626, 4630 of

this title; title 16 sections 429b-2, 450e-1, 460l-8, 460bb-2,

698b, 698h.

-End-

-CITE-

42 USC Sec. 4624 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4624. Replacement housing for tenants and certain others

-STATUTE-

(a) In addition to amounts otherwise authorized by this

subchapter, the head of a displacing agency shall make a payment to

or for any displaced person displaced from any dwelling not

eligible to receive a payment under section 4623 of this title

which dwelling was actually and lawfully occupied by such displaced

person for not less than 90 days immediately prior to (1) the

initiation of negotiations for acquisition of such dwelling, or (2)

in any case in which displacement is not a direct result of

acquisition, such other event as the head of the lead agency shall

prescribe. Such payment shall consist of the amount necessary to

enable such person to lease or rent for a period not to exceed 42

months, a comparable replacement dwelling, but not to exceed

$5,250. At the discretion of the head of the displacing agency, a

payment under this subsection may be made in periodic installments.

Computation of a payment under this subsection to a low-income

displaced person for a comparable replacement dwelling shall take

into account such person's income.

(b) Any person eligible for a payment under subsection (a) of

this section may elect to apply such payment to a down payment on,

and other incidental expenses pursuant to, the purchase of a

decent, safe, and sanitary replacement dwelling. Any such person

may, at the discretion of the head of the displacing agency, be

eligible under this subsection for the maximum payment allowed

under subsection (a) of this section, except that, in the case of a

displaced homeowner who has owned and occupied the displacement

dwelling for at least 90 days but not more than 180 days

immediately prior to the initiation of negotiations for the

acquisition of such dwelling, such payment shall not exceed the

payment such person would otherwise have received under section

4623(a) of this title had the person owned and occupied the

displacement dwelling 180 days immediately prior to the initiation

of such negotiations.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 204, Jan. 2, 1971, 84 Stat. 1897;

Pub. L. 100-17, title IV, Sec. 407, Apr. 2, 1987, 101 Stat. 251.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-17 amended section generally, revising and

restating as subsecs. (a) and (b) provisions formerly contained in

introductory provisions and in pars. (1) and (2).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4603, 4626, 4630 of this

title; title 16 sections 429b-2, 450e-1, 460l-8, 460bb-2, 698b,

698h.

-End-

-CITE-

42 USC Sec. 4625 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4625. Relocation planning, assistance coordination, and

advisory services

-STATUTE-

(a) Planning of programs or projects undertaken by Federal agencies

or with Federal financial assistance

Programs or projects undertaken by a Federal agency or with

Federal financial assistance shall be planned in a manner that (1)

recognizes, at an early stage in the planning of such programs or

projects and before the commencement of any actions which will

cause displacements, the problems associated with the displacement

of individuals, families, businesses, and farm operations, and (2)

provides for the resolution of such problems in order to minimize

adverse impacts on displaced persons and to expedite program or

project advancement and completion.

(b) Availability of advisory services

The head of any displacing agency shall ensure that the

relocation assistance advisory services described in subsection (c)

of this section are made available to all persons displaced by such

agency. If such agency head determines that any person occupying

property immediately adjacent to the property where the displacing

activity occurs is caused substantial economic injury as a result

thereof, the agency head may make available to such person such

advisory services.

(c) Measures, facilities, or services; description

Each relocation assistance advisory program required by

subsection (b) of this section shall include such measures,

facilities, or services as may be necessary or appropriate in order

to -

(1) determine, and make timely recommendations on, the needs

and preferences, if any, of displaced persons for relocation

assistance;

(2) provide current and continuing information on the

availability, sales prices, and rental charges of comparable

replacement dwellings for displaced homeowners and tenants and

suitable locations for businesses and farm operations;

(3) assure that a person shall not be required to move from a

dwelling unless the person has had a reasonable opportunity to

relocate to a comparable replacement dwelling, except in the case

of -

(A) a major disaster as defined in section 5122(2) of this

title;

(B) a national emergency declared by the President; or

(C) any other emergency which requires the person to move

immediately from the dwelling because continued occupancy of

such dwelling by such person constitutes a substantial danger

to the health or safety of such person;

(4) assist a person displaced from a business or farm operation

in obtaining and becoming established in a suitable replacement

location;

(5) supply (A) information concerning other Federal and State

programs which may be of assistance to displaced persons, and (B)

technical assistance to such persons in applying for assistance

under such programs; and

(6) provide other advisory services to displaced persons in

order to minimize hardships to such persons in adjusting to

relocation.

(d) Coordination of relocation activities with other Federal,

State, or local governmental actions

The head of a displacing agency shall coordinate the relocation

activities performed by such agency with other Federal, State, or

local governmental actions in the community which could affect the

efficient and effective delivery of relocation assistance and

related services.

(e) Selection of implementation procedures

Whenever two or more Federal agencies provide financial

assistance to a displacing agency other than a Federal agency, to

implement functionally or geographically related activities which

will result in the displacement of a person, the heads of such

Federal agencies may agree that the procedures of one of such

agencies shall be utilized to implement this subchapter with

respect to such activities. If such agreement cannot be reached,

then the head of the lead agency shall designate one of such

agencies as the agency whose procedures shall be utilized to

implement this subchapter with respect to such activities. Such

related activities shall constitute a single program or project for

purposes of this chapter.

(f) Tenants occupying property acquired for programs or projects;

eligibility for advisory services

Notwithstanding section 4601(1) of this title, in any case in

which a displacing agency acquires property for a program or

project, any person who occupies such property on a rental basis

for a short term or a period subject to termination when the

property is needed for the program or project shall be eligible for

advisory services to the extent determined by the displacing

agency.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 205, Jan. 2, 1971, 84 Stat. 1897;

Pub. L. 100-17, title IV, Sec. 408, Apr. 2, 1987, 101 Stat. 252.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-17, substituted "Relocation planning,

assistance coordination, and advisory services" for "Relocation

assistance advisory services" in catchline and amended text

generally, revising and restating as subsecs. (a) to (f) provisions

formerly contained in subsecs. (a) to (d).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4601, 4603, 4623, 4630 of

this title; title 16 sections 429b-2, 450e-1, 460l-8, 460bb-2,

698b, 698h.

-End-

-CITE-

42 USC Sec. 4626 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4626. Housing replacement by Federal agency as last resort

-STATUTE-

(a) If a program or project undertaken by a Federal agency or

with Federal financial assistance cannot proceed on a timely basis

because comparable replacement dwellings are not available, and the

head of the displacing agency determines that such dwellings cannot

otherwise be made available, the head of the displacing agency may

take such action as is necessary or appropriate to provide such

dwellings by use of funds authorized for such project. The head of

the displacing agency may use this section to exceed the maximum

amounts which may be paid under sections 4623 and 4624 of this

title on a case-by-case basis for good cause as determined in

accordance with such regulations as the head of the lead agency

shall issue.

(b) No person shall be required to move from his dwelling on

account of any program or project undertaken by a Federal agency or

with Federal financial assistance, unless the head of the

displacing agency is satisfied that comparable replacement housing

is available to such person.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 206, Jan. 2, 1971, 84 Stat. 1898;

Pub. L. 100-17, title IV, Sec. 409, Apr. 2, 1987, 101 Stat. 253.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-17 amended subsec. (a) generally.

Prior to amendment, subsec. (a) read as follows: "If a Federal

project cannot proceed to actual construction because comparable

replacement sale or rental housing is not available, and the head

of the Federal agency determines that such housing cannot otherwise

be made available he may take such action as is necessary or

appropriate to provide such housing by use of funds authorized for

such project."

Subsec. (b). Pub. L. 100-17 amended subsec. (b) generally. Prior

to amendment, subsec. (b) read as follows: "No person shall be

required to move from his dwelling on or after January 2, 1971, on

account of any Federal project, unless the Federal agency head is

satisfied that replacement housing, in accordance with section

4625(c)(3) of this title, is available to such person."

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4603, 4632 of this title;

title 16 sections 429b-2, 450e-1, 460l-8, 460bb-2, 698b, 698h.

-End-

-CITE-

42 USC Sec. 4627 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4627. State required to furnish real property incident to

Federal assistance (local cooperation)

-STATUTE-

Whenever real property is acquired by a State agency and

furnished as a required contribution incident to a Federal program

or project, the Federal agency having authority over the program or

project may not accept such property unless such State agency has

made all payments and provided all assistance and assurances, as

are required of a State agency by sections 4630 and 4655 of this

title. Such State agency shall pay the cost of such requirements in

the same manner and to the same extent as the real property

acquired for such project, except that in the case of any real

property acquisition or displacement occurring prior to July 1,

1972, such Federal agency shall pay 100 per centum of the first

$25,000 of the cost of providing such payments and assistance.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 207, Jan. 2, 1971, 84 Stat. 1898.)

-End-

-CITE-

42 USC Sec. 4628 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4628. State acting as agent for Federal program

-STATUTE-

Whenever real property is acquired by a State agency at the

request of a Federal agency for a Federal program or project, such

acquisition shall, for the purposes of this chapter, be deemed an

acquisition by the Federal agency having authority over such

program or project.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 208, Jan. 2, 1971, 84 Stat. 1899.)

-End-

-CITE-

42 USC Sec. 4629 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4629. Public works programs and projects of District of

Columbia government and Washington Metropolitan Area Transit

Authority

-STATUTE-

Whenever real property is acquired by the government of the

District of Columbia or the Washington Metropolitan Area Transit

Authority for a program or project which is not subject to sections

4630 and 4631 of this title, and such acquisition will result in

the displacement of any person on or after January 2, 1971, the

Mayor of the District of Columbia or the Washington Metropolitan

Area Transit Authority, as the case may be, shall make all

relocation payments and provide all assistance required of a

Federal agency by this chapter. Whenever real property is acquired

for such a program or project on or after such effective date, such

Mayor or Authority, as the case may be, shall make all payments and

meet all requirements prescribed for a Federal agency by subchapter

III of this chapter.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 209, Jan. 2, 1971, 84 Stat. 1899;

Pub. L. 93-198, title IV, Sec. 421, Dec. 24, 1973, 87 Stat. 789.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter III of this chapter, referred to in text, was in the

original "title III of this Act", meaning title III of Pub. L.

91-646, Jan. 2, 1971, 84 Stat. 1904, which enacted subchapter III

of this chapter, repealed sections 3071 to 3073 of this title,

section 141 of Title 23, Highways, and section 596 of Title 33,

Navigation and Navigable Waters, and enacted provisions set out as

a note under section 4651 of this title. For complete

classification of title III to the Code, see Tables.

-COD-

CODIFICATION

Section is also set out in D.C. Code, Sec. 5-834(a).

-TRANS-

TRANSFER OF FUNCTIONS

"Mayor" substituted for "Commissioner" pursuant to section 421 of

Pub. L. 93-198. Office of Commissioner of District of Columbia, as

established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan.

2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87

Stat. 818, and replaced by Office of Mayor of District of Columbia

by section 421 of Pub. L. 93-198.

-End-

-CITE-

42 USC Sec. 4630 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4630. Requirements for relocation payments and assistance of

federally assisted program; assurances of availability of housing

-STATUTE-

Notwithstanding any other law, the head of a Federal agency shall

not approve any grant to, or contract or agreement with, a

displacing agency (other than a Federal 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

displacement of any person on or after January 2, 1971, unless he

receives satisfactory assurances from such displacing agency that -

(1) fair and reasonable relocation payments and assistance

shall be provided to or for displaced persons, as are required to

be provided by a Federal agency under sections 4622, 4623, and

4624 of this title;

(2) relocation assistance programs offering the services

described in section 4625 of this title shall be provided to such

displaced persons;

(3) within a reasonable period of time prior to displacement,

comparable replacement dwellings will be available to displaced

persons in accordance with section 4625(c)(3) of this title.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 210, Jan. 2, 1971, 84 Stat. 1899;

Pub. L. 100-17, title IV, Sec. 410, Apr. 2, 1987, 101 Stat. 254.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-17 in introductory provisions substituted

"displacing agency (other than a Federal agency)" for "State

agency" and "assurances from such displacing agency" for

"assurances from such State agency", and in par. (3) substituted

"comparable replacement dwellings" for "decent, safe, and sanitary

replacement dwellings".

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

EFFECTIVE DATE

Section as completely applicable to all States after July 1,

1972, but until such date applicable to a State to extent the State

is able under its laws to comply with this section, see section

221(b) of Pub. L. 91-646, set out as a note under section 4601 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4604, 4627, 4629, 4632 of

this title.

-End-

-CITE-

42 USC Sec. 4631 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4631. Federal share of costs

-STATUTE-

(a) Cost to displacing agency; eligibility

The cost to a displacing agency of providing payments and

assistance under this subchapter and subchapter III of this chapter

shall be included as part of the cost of a program or project

undertaken by a Federal agency or with Federal financial

assistance. A displacing agency, other than a Federal agency, shall

be eligible for Federal financial assistance with respect to such

payments and assistance in the same manner and to the same extent

as other program or project costs.

(b) Comparable payments under other laws

No payment or assistance under this subchapter or subchapter III

of this chapter shall be required to be made to any person or

included as a program or project cost under this section, if such

person receives a payment required by Federal, State, or local law

which is determined by the head of the Federal agency to have

substantially the same purpose and effect as such payment under

this section.

(c) Agreements prior to January 2, 1971; advancements

Any grant to, or contract or agreement with, a State agency

executed before January 2, 1971, under which Federal financial

assistance is available to pay all or part of the cost of any

program or project which will result in the displacement of any

person on or after January 2, 1971, shall be amended to include the

cost of providing payments and services under sections 4630 and

4655 of this title. If the head of a Federal agency determines that

it is necessary for the expeditious completion of a program or

project he may advance to the State agency the Federal share of the

cost of any payments or assistance by such State agency pursuant to

sections 4626, 4630, 4635, and 4655 of this title.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 211, Jan. 2, 1971, 84 Stat. 1900;

Pub. L. 100-17, title IV, Sec. 411, Apr. 2, 1987, 101 Stat. 254.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter III of this chapter, referred to in subsecs. (a) and

(b), was in the original "title III of this Act", meaning title III

of Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1904, which enacted

subchapter III of this chapter, repealed sections 3071 to 3073 of

this title, section 141 of Title 23, Highways, and section 596 of

Title 33, Navigation and Navigable Waters, and enacted provisions

set out as a note under section 4651 of this title. For complete

classification of title III to the Code, see Tables.

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-17, Sec. 411(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"The cost to a State agency of providing payments and assistance

pursuant to sections 4626, 4630, 4635, and 4655 of this title,

shall be included as part of the cost of a program or project for

which Federal financial assistance is available to such State

agency, and such State agency shall be eligible for Federal

financial assistance with respect to such payments and assistance

in the same manner and to the same extent as other program or

project costs, except that, notwithstanding any other law in the

case where the Federal financial assistance is by grant or

contribution the Federal agency shall pay the full amount of the

first $25,000 of the cost to a State agency of providing payments

and assistance for a displaced person under sections 4626, 4630,

4635, and 4655 of this title, on account of any acquisition or

displacement occurring prior to July 1, 1972, and in any case where

such Federal financial assistance is by loan, the Federal agency

shall loan such State agency the full amount of the first $25,000

of such cost."

Subsec. (b). Pub. L. 100-17, Sec. 411(b), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "No

payment or assistance under section 4630 or 4655 of this title

shall be required or included as a program or project cost under

this section, if the displaced person receives a payment required

by the State law of eminent domain which is determined by such

Federal agency head to have substantially the same purpose and

effect as such payment under this section, and to be part of the

cost of the program or project for which Federal financial

assistance is available."

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4629 of this title.

-End-

-CITE-

42 USC Sec. 4632 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4632. Administration; relocation assistance in programs

receiving Federal financial assistance

-STATUTE-

In order to prevent unnecessary expenses and duplications of

functions, and to promote uniform and effective administration of

relocation assistance programs for displaced persons under sections

4626, 4630, and 4635 of this title, a State agency may enter into

contracts with any individual, firm, association, or corporation

for services in connection with such programs, or may carry out its

functions under this subchapter through any Federal or State

governmental agency or instrumentality having an established

organization for conducting relocation assistance programs. Such

State agency shall, in carrying out the relocation assistance

activities described in section 4626 of this title, whenever

practicable, utilize the services of State or local housing

agencies, or other agencies having experience in the administration

or conduct of similar housing assistance activities.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 212, Jan. 2, 1971, 84 Stat. 1900.)

-End-

-CITE-

42 USC Sec. 4633 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4633. Duties of lead agency

-STATUTE-

(a) General provisions

The head of the lead agency shall -

(1) develop, publish, and issue, with the active participation

of the Secretary of Housing and Urban Development and the heads

of other Federal agencies responsible for funding relocation and

acquisition actions, and in coordination with State and local

governments, such regulations as may be necessary to carry out

this chapter;

(2) provide, in consultation with the Attorney General (acting

through the Commissioner of the Immigration and Naturalization

Service), through training and technical assistance activities

for displacing agencies, information developed with the Attorney

General (acting through the Commissioner) on proper

implementation of section 4605 of this title;

(3) ensure that displacing agencies implement section 4605 of

this title fairly and without discrimination in accordance with

section 4605(b)(2)(B) of this title;

(4) ensure that relocation assistance activities under this

chapter are coordinated with low-income housing assistance

programs or projects by a Federal agency or a State or State

agency with Federal financial assistance;

(5) monitor, in coordination with other Federal agencies, the

implementation and enforcement of this chapter and report to the

Congress, as appropriate, on any major issues or problems with

respect to any policy or other provision of this chapter; and

(6) perform such other duties as may be necessary to carry out

this chapter.

(b) Regulations and procedures

The head of the lead agency is authorized to issue such

regulations and establish such procedures as he may determine to be

necessary to assure -

(1) that the payments and assistance authorized by this chapter

shall be administered in a manner which is fair and reasonable

and as uniform as practicable;

(2) that a displaced person who makes proper application for a

payment authorized for such person by this subchapter shall be

paid promptly after a move or, in hardship cases, be paid in

advance; and

(3) that any aggrieved person may have his application reviewed

by the head of the Federal agency having authority over the

applicable program or project or, in the case of a program or

project receiving Federal financial assistance, by the State

agency having authority over such program or project or the

Federal agency having authority over such program or project if

there is no such State agency.

(c) Applicability to Tennessee Valley Authority and Rural

Electrification Administration

The regulations and procedures issued pursuant to this section

shall apply to the Tennessee Valley Authority and the Rural

Electrification Administration only with respect to relocation

assistance under this subchapter and subchapter I of this chapter.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 213, Jan. 2, 1971, 84 Stat. 1900;

Pub. L. 100-17, title IV, Sec. 412, Apr. 2, 1987, 101 Stat. 254;

Pub. L. 102-240, title I, Sec. 1055, Dec. 18, 1991, 105 Stat. 2002;

Pub. L. 105-117, Sec. 2, Nov. 21, 1997, 111 Stat. 2385.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(2) to (6). Pub. L. 105-117 added pars. (2) and

(3) and redesignated former pars. (2) to (4) as (4) to (6),

respectively.

1991 - Subsec. (c). Pub. L. 102-240 inserted "and the Rural

Electrification Administration" after "Tennessee Valley Authority".

1987 - Pub. L. 100-17 in amending section generally, substituted

"Duties of lead agency" for "Regulations and procedures" in section

catchline.

Subsec. (a). Pub. L. 100-17 amended subsec. (a) generally. Prior

to amendment, subsec. (a) read as follows: "In order to promote

uniform and effective administration of relocation assistance and

land acquisition of State or local housing agencies, or other

agencies having programs or projects by Federal agencies or

programs or projects by State agencies receiving Federal financial

assistance, the heads of Federal agencies shall consult together on

the establishment of regulations and procedures for the

implementation of such programs."

Subsec. (b). Pub. L. 100-17 amended subsec. (b) generally. Prior

to amendment, subsec. (b) read as follows: "The head of each

Federal agency is authorized to establish such regulations and

procedures as he may determine to be necessary to assure -

"(1) that the payments and assistance authorized by this

chapter shall be administered in a manner which is fair and

reasonable, and as uniform as practicable;

"(2) that a displaced person who makes proper application for a

payment authorized for such person by this subchapter shall be

paid promptly after a move or, in hardship cases, be paid in

advance; and

"(3) that any person aggrieved by a determination as to

eligibility for a payment authorized by this chapter, or the

amount of a payment, may have his application reviewed by the

head of the Federal agency having authority over the applicable

program or project, or in the case of a program or project

receiving Federal financial assistance, by the head of the State

agency."

Subsec. (c). Pub. L. 100-17 amended subsec. (c) generally. Prior

to amendment, subsec. (c) read as follows: "The head of each

Federal agency may prescribe such other regulations and procedures,

consistent with the provisions of this chapter, as he deems

necessary or appropriate to carry out this chapter."

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and

applicable to funds authorized to be appropriated or made available

after Sept. 30, 1991, and, with certain exceptions, not applicable

to funds appropriated or made available on or before Sept. 30,

1991, see section 1100 of Pub. L. 102-240, set out as a note under

section 104 of Title 23, Highways.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective Apr. 2, 1987, to the extent

such amendment prescribes authority to develop, publish, and issue

regulations, and otherwise to take effect on effective date

provided in such regulations but not later than 2 years after Apr.

2, 1987, see section 418 of Pub. L. 100-17, set out as a note under

section 4601 of this title.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-MISC2-

IMPROVEMENT OF ADMINISTRATION AND IMPLEMENTATION OF THIS CHAPTER

Memorandum of the President dated February 27, 1985, 50 F.R.

8953, provided:

The purpose of this Memorandum is to improve administration and

implementation of the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.].

Specifically, I hereby direct the following actions:

1. The Presidential Memorandum of September 6, 1973 on this

subject is superseded.

2. As with other Administration management improvement

initiatives, a lead agency, the Department of Transportation (DOT),

is designated to coordinate and monitor implementation of the Act,

and consult periodically with State and local governments and other

organizations and interest groups affected by administration of the

Act.

3. DOT, jointly with the Department of Housing and Urban

Development, shall interact with the principal executive

departments and agencies affected by the Act in developing

Administration policy.

4. Within 90 days of the date of this Memorandum, all affected

executive departments and agencies shall propose common regulations

under the Act. Within one year of the date of this Memorandum, such

departments and agencies shall issue common regulations under the

Act. Such regulations shall be consistent with the model policy

promulgated by DOT, in consultation and coordination with other

affected agencies, and published in final form in the Federal

Register simultaneously with this Memorandum.

5. DOT shall report annually to the President's Council on

Management Improvement, through the Office of Management and

Budget, on implementation of the Act.

-End-

-CITE-

42 USC Sec. 4634 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4634. Repealed. Pub. L. 100-17, title IV, Sec. 415, Apr. 2,

1987, 100 Stat. 255

-MISC1-

Section, Pub. L. 91-646, title II, Sec. 214, Jan. 2, 1971, 84

Stat. 1901, required head of each Federal agency to submit an

annual report to the President respecting programs and policies

established or authorized by this chapter, and the President to

submit such reports to Congress.

EFFECTIVE DATE OF REPEAL

Repeal effective on effective date provided in regulations

promulgated under section 4633 of this title (as amended by section

412 of Pub. L. 100-17), but not later than 2 years after Apr. 2,

1987, see section 418 of Pub. L. 100-17, set out as an Effective

Date of 1987 Amendment note under section 4601 of this title.

-End-

-CITE-

42 USC Sec. 4635 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4635. Planning and other preliminary expenses for additional

housing

-STATUTE-

In order to encourage and facilitate the construction or

rehabilitation of housing to meet the needs of displaced persons

who are displaced from dwellings because of any Federal or Federal

financially assisted project, the head of the Federal agency

administering such project is authorized to make loans as a part of

the cost of any such project, or to approve loans as a part of the

cost of any such project receiving Federal financial assistance, to

nonprofit, limited dividend, or cooperative organizations or to

public bodies, for necessary and reasonable expenses, prior to

construction, for planning and obtaining federally insured mortgage

financing for the rehabilitation or construction of housing for

such displaced persons. Notwithstanding the preceding sentence, or

any other law, such loans shall be available for not to exceed 80

per centum of the reasonable costs expected to be incurred in

planning, and in obtaining financing for, such housing, prior to

the availability of such financing, including, but not limited to,

preliminary surveys and analyses of market needs, preliminary site

engineering, preliminary architectural fees, site acquisition,

application and mortgage commitment fees, and construction loan

fees and discounts. Loans to an organization established for profit

shall bear interest at a market rate established by the head of

such Federal agency. All other loans shall be without interest.

Such Federal agency head shall require repayment of loans made

under this section, under such terms and conditions as he may

require, upon completion of the project or sooner, and except in

the case of a loan to an organization established for profit, may

cancel any part or all of a loan if he determines that a permanent

loan to finance the rehabilitation or the construction of such

housing cannot be obtained in an amount adequate for repayment of

such loan. Upon repayment of any such loan, the Federal share of

the sum repaid shall be credited to the account from which such

loan was made, unless the Secretary of the Treasury determines that

such account is no longer in existence, in which case such sum

shall be returned to the Treasury and credited to miscellaneous

receipts.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 215, Jan. 2, 1971, 84 Stat. 1901.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4632 of this title.

-End-

-CITE-

42 USC Sec. 4636 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4636. Payments not to be considered as income for revenue

purposes or for eligibility for assistance under Social Security

Act or other Federal law

-STATUTE-

No payment received under this subchapter shall be considered as

income for the purposes of title 26; or for the purposes of

determining the eligibility or the extent of eligibility of any

person for assistance under the Social Security Act [42 U.S.C. 301

et seq.] or any other Federal law (except for any Federal law

providing low-income housing assistance).

-SOURCE-

(Pub. L. 91-646, title II, Sec. 216, Jan. 2, 1971, 84 Stat. 1902;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

100-17, title IV, Sec. 413, Apr. 2, 1987, 101 Stat. 255.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in text, is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as amended, which is classified

generally to chapter 7 (Sec. 301 et seq.) of this title. For

complete classification of this Act to the Code, see section 1305

of this title and Tables.

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-17 inserted "(except for any Federal law

providing low-income housing assistance)" before period at end.

1986 - Pub. L. 99-514 substituted "Internal Revenue Code of 1986"

for "Internal Revenue Code of 1954", which for purposes of

codification was translated as "title 26" thus requiring no change

in text.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1382a, 1382b of this

title.

-End-

-CITE-

42 USC Sec. 4637 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4637. Repealed. Pub. L. 100-17, title IV, Sec. 415, Apr. 2,

1987, 101 Stat. 255

-MISC1-

Section, Pub. L. 91-646, title II, Sec. 217, Jan. 2, 1971, 84

Stat. 1902, related to displacement by code enforcement,

rehabilitation, and demolition programs receiving Federal

assistance.

EFFECTIVE DATE OF REPEAL

Repeal effective on effective date provided in regulations

promulgated under section 4633 of this title (as amended by section

412 of Pub. L. 100-17), but not later than 2 years after Apr. 2,

1987, see section 418 of Pub. L. 100-17, set out as an Effective

Date of 1987 Amendment note under section 4601 of this title.

-End-

-CITE-

42 USC Sec. 4638 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER II - UNIFORM RELOCATION ASSISTANCE

-HEAD-

Sec. 4638. Transfers of surplus property

-STATUTE-

The Administrator of General Services is authorized to transfer

to a State agency for the purpose of providing replacement housing

required by this subchapter, any real property surplus to the needs

of the United States within the meaning of the Federal Property and

Administrative Services Act of 1949, as amended.(!1) Such transfer

shall be subject to such terms and conditions as the Administrator

determines necessary to protect the interests of the United States

and may be made without monetary consideration, except that such

State agency shall pay to the United States all net amounts

received by such agency from any sale, lease, or other disposition

of such property for such housing.

-SOURCE-

(Pub. L. 91-646, title II, Sec. 218, Jan. 2, 1971, 84 Stat. 1902;

Pub. L. 100-17, title IV, Sec. 414, Apr. 2, 1987, 101 Stat. 255.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in text, is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-17 inserted "net" after "all".

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER III - UNIFORM REAL PROPERTY ACQUISITION

POLICY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER III - UNIFORM REAL PROPERTY ACQUISITION POLICY

-HEAD-

SUBCHAPTER III - UNIFORM REAL PROPERTY ACQUISITION POLICY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4631 of this title.

-End-

-CITE-

42 USC Sec. 4651 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER III - UNIFORM REAL PROPERTY ACQUISITION POLICY

-HEAD-

Sec. 4651. Uniform policy on real property acquisition practices

-STATUTE-

In order to encourage and expedite the acquisition of real

property by agreements with owners, to avoid litigation and relieve

congestion in the courts, to assure consistent treatment for owners

in the many Federal programs, and to promote public confidence in

Federal land acquisition practices, heads of Federal agencies

shall, to the greatest extent practicable, be guided by the

following policies:

(1) The head of a Federal agency shall make every reasonable

effort to acquire expeditiously real property by negotiation.

(2) Real property shall be appraised before the initiation of

negotiations, and the owner or his designated representative shall

be given an opportunity to accompany the appraiser during his

inspection of the property, except that the head of the lead agency

may prescribe a procedure to waive the appraisal in cases involving

the acquisition by sale or donation of property with a low fair

market value.

(3) Before the initiation of negotiations for real property, the

head of the Federal agency concerned shall establish an amount

which he believes to be just compensation therefor and shall make a

prompt offer to acquire the property for the full amount so

established. In no event shall such amount be less than the

agency's approved appraisal of the fair market value of such

property. Any decrease or increase in the fair market value of real

property prior to the date of valuation caused by the public

improvement for which such property is acquired, or by the

likelihood that the property would be acquired for such

improvement, other than that due to physical deterioration within

the reasonable control of the owner, will be disregarded in

determining the compensation for the property. The head of the

Federal agency concerned shall provide the owner of real property

to be acquired with a written statement of, and summary of the

basis for, the amount he established as just compensation. Where

appropriate the just compensation for the real property acquired

and for damages to remaining real property shall be separately

stated.

(4) No owner shall be required to surrender possession of real

property before the head of the Federal agency concerned pays the

agreed purchase price, or deposits with the court in accordance

with section 3114(a) to (d) of title 40, for the benefit of the

owner, an amount not less than the agency's approved appraisal of

the fair market value of such property, or the amount of the award

of compensation in the condemnation proceeding for such property.

(5) The construction or development of a public improvement shall

be so scheduled that, to the greatest extent practicable, no person

lawfully occupying real property shall be required to move from a

dwelling (assuming a replacement dwelling as required by subchapter

II of this chapter will be available), or to move his business or

farm operation, without at least ninety days' written notice from

the head of the Federal agency concerned, of the date by which such

move is required.

(6) If the head of a Federal agency permits an owner or tenant to

occupy the real property acquired on a rental basis for a short

term or for a period subject to termination by the Government on

short notice, the amount of rent required shall not exceed the fair

rental value of the property to a short-term occupier.

(7) In no event shall the head of a Federal agency either advance

the time of condemnation, or defer negotiations or condemnation and

the deposit of funds in court for the use of the owner, or take any

other action coercive in nature, in order to compel an agreement on

the price to be paid for the property.

(8) If any interest in real property is to be acquired by

exercise of the power of eminent domain, the head of the Federal

agency concerned shall institute formal condemnation proceedings.

No Federal agency head shall intentionally make it necessary for an

owner to institute legal proceedings to prove the fact of the

taking of his real property.

(9) If the acquisition of only a portion of a property would

leave the owner with an uneconomic remnant, the head of the Federal

agency concerned shall offer to acquire that remnant. For the

purposes of this chapter, an uneconomic remnant is a parcel of real

property in which the owner is left with an interest after the

partial acquisition of the owner's property and which the head of

the Federal agency concerned has determined has little or no value

or utility to the owner.

(10) A person whose real property is being acquired in accordance

with this subchapter may, after the person has been fully informed

of his right to receive just compensation for such property, donate

such property, and part thereof, any interest therein, or any

compensation paid therefor to a Federal agency, as such person

shall determine.

-SOURCE-

(Pub. L. 91-646, title III, Sec. 301, Jan. 2, 1971, 84 Stat. 1904;

Pub. L. 100-17, title IV, Sec. 416, Apr. 2, 1987, 101 Stat. 255.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of this chapter, referred to in par. (5), was in

the original "title II of this Act", meaning title II of Pub. L.

91-646, Jan. 2, 1971, 84 Stat. 1895, which enacted subchapter II of

this chapter, amended sections 1415, 2473, and 3307 of this title

and section 1606 of former Title 49, Transportation, repealed

sections 1465 and 3074 of this title, section 2680 of Title 10,

Armed Forces, sections 501 to 512 of Title 23, Highways, sections

1231 to 1234 of Title 43, Public Lands, and enacted provisions set

out as notes under sections 4601 and 4621 of this title and under

sections 501 to 512 of Title 23. For complete classification of

title II to the Code, see Short Title note set out under section

4601 of this title and Tables.

This chapter, referred to in par. (9), was in the original "this

Act", meaning Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, known as

the Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, which enacted this chapter, amended sections

1415, 2473, and 3307 of this title and section 1606 of former Title

49, repealed sections 1465 and 3071 to 3074 of this title, section

2680 of Title 10, sections 141 and 501 to 512 of Title 23, section

596 of Title 33, Navigation and Navigable Waters, sections 1231 to

1234 of Title 43, and enacted provisions set out as notes under

sections 4601, 4621, and 4651 of this title and under section 501

of Title 23. For complete classification of this Act to the Code,

see Short Title note set out under section 4601 of this title and

Tables.

This subchapter, referred to in par. (10), was in the original

"this title", meaning title III of Pub. L. 91-646, Jan. 2, 1971, 84

Stat. 1904, which enacted this subchapter, repealed sections 3071

to 3073 of this title, section 141 of Title 23, and section 596 of

Title 33, and enacted provisions set out as a note under section

4651 of this title. For complete classification of title III to the

Code, see Tables.

-COD-

CODIFICATION

In par. (4), "section 3114(a) to (d) of title 40" substituted for

"section 1 of the Act of February 26, 1931 (46 Stat. 1421; 40

U.S.C. 258a)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,

2002, 116 Stat. 1303, the first section of which enacted Title 40,

Public Buildings, Property, and Works.

-MISC1-

AMENDMENTS

1987 - Par. (2). Pub. L. 100-17, Sec. 416(a), inserted provision

respecting the waiver of appraisal in cases involving the

acquisition of property with a low fair market value.

Par. (9). Pub. L. 100-17, Sec. 416(b), amended par. (9)

generally. Prior to amendment, par. (9) read as follows: "If the

acquisition of only part of a property would leave its owner with

an uneconomic remnant, the head of the Federal agency concerned

shall offer to acquire the entire property."

Par. (10). Pub. L. 100-17, Sec. 416(c), added par. (10).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

SAVINGS PROVISION

Section 306 of Pub. L. 91-646 provided in part that: "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 [repealing sections 3071 to 3073 of this

title, section 141 of Title 23, Highways, and section 596 of Title

33, Navigation and Navigable Waters]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4602, 4655 of this title;

title 10 section 2684a; title 16 section 698f.

-End-

-CITE-

42 USC Sec. 4652 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER III - UNIFORM REAL PROPERTY ACQUISITION POLICY

-HEAD-

Sec. 4652. Buildings, structures, and improvements

-STATUTE-

(a) Notwithstanding any other provision of law, if the head of a

Federal agency acquires any interest in real property in any State,

he shall acquire at least an equal interest in all buildings,

structures, or other improvements located upon the real property so

acquired and which he requires to be removed from such real

property or which he determines will be adversely affected by the

use to which such real property will be put.

(b)(1) For the purpose of determining the just compensation to be

paid for any building, structure, or other improvement required to

be acquired by subsection (a) of this section, such building,

structure, or other improvement shall be deemed to be a part of the

real property to be acquired notwithstanding the right or

obligation of a tenant, as against the owner of any other interest

in the real property, to remove such building, structure, or

improvement at the expiration of his term, and the fair market

value which such building, structure, or improvement contributes to

the fair market value of the real property to be acquired, or the

fair market value of such building, structure, or improvement for

removal from the real property, whichever is the greater, shall be

paid to the tenant therefor.

(2) Payment under this subsection shall not result in duplication

of any payments otherwise authorized by law. No such payment shall

be made unless the owner of the land involved disclaims all

interest in the improvements of the tenant. In consideration for

any such payment, the tenant shall assign, transfer, and release to

the United States all his right, title, and interest in and to such

improvements. Nothing in this subsection shall be construed to

deprive the tenant of any rights to reject payment under this

subsection and to obtain payment for such property interests in

accordance with applicable law, other than this subsection.

-SOURCE-

(Pub. L. 91-646, title III, Sec. 302, Jan. 2, 1971, 84 Stat. 1905.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4655 of this title.

-End-

-CITE-

42 USC Sec. 4653 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER III - UNIFORM REAL PROPERTY ACQUISITION POLICY

-HEAD-

Sec. 4653. Expenses incidental to transfer of title to United

States

-STATUTE-

The head of a Federal agency, as soon as practicable after the

date of payment of the purchase price or the date of deposit in

court of funds to satisfy the award of compensation in a

condemnation proceeding to acquire real property, whichever is the

earlier, shall reimburse the owner, to the extent the head of such

agency deems fair and reasonable, for expenses he necessarily

incurred for -

(1) recording fees, transfer taxes, and similar expenses

incidental to conveying such real property to the United States;

(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.

-SOURCE-

(Pub. L. 91-646, title III, Sec. 303, Jan. 2, 1971, 84 Stat. 1906.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4655 of this title.

-End-

-CITE-

42 USC Sec. 4654 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER III - UNIFORM REAL PROPERTY ACQUISITION POLICY

-HEAD-

Sec. 4654. Litigation expenses

-STATUTE-

(a) Judgment for owner or abandonment of proceedings

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) Payment

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) Claims against United States

The court rendering a judgment for the plaintiff in a proceeding

brought under section 1346(a)(2) or 1491 of title 28, 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.

-SOURCE-

(Pub. L. 91-646, title III, Sec. 304, Jan. 2, 1971, 84 Stat. 1906.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4655 of this title.

-End-

-CITE-

42 USC Sec. 4655 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 61 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY

ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY

ASSISTED PROGRAMS

SUBCHAPTER III - UNIFORM REAL PROPERTY ACQUISITION POLICY

-HEAD-

Sec. 4655. Requirements for uniform land acquisition policies;

payments of expenses incidental to transfer of real property to

State; payment of litigation expenses in certain cases

-STATUTE-

(a) 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, an acquiring 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 January 2, 1971, unless he receives

satisfactory assurances from such acquiring 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 4651 of this title and the

provisions of section 4652 of this title, and

(2) property owners will be paid or reimbursed for necessary

expenses as specified in sections 4653 and 4654 of this title.

(b) For purposes of this section, the term "acquiring agency"

means -

(1) a State agency (as defined in section 4601(3) of this

title) which has the authority to acquire property by eminent

domain under State law, and

(2) a State agency or person which does not have such

authority, to the extent provided by the head of the lead agency

by regulation.

-SOURCE-

(Pub. L. 91-646, title III, Sec. 305, Jan. 2, 1971, 84 Stat. 1906;

Pub. L. 100-17, title IV, Sec. 417, Apr. 2, 1987, 101 Stat. 256.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-17 designated existing provisions as subsec.

(a), substituted "an acquiring agency" for "a State agency" and

"such acquiring agency" for "such State agency", and added subsec.

(b).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-17 effective on effective date provided

in regulations promulgated under section 4633 of this title (as

amended by section 412 of Pub. L. 100-17), but not later than 2

years after Apr. 2, 1987, see section 418 of Pub. L. 100-17, set

out as a note under section 4601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4604, 4627 of this title.

-End-