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42 U.S.C. § 4604 — Certification

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4604 — Certification

**(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 (2) Repealed.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, § 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.

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Source location: Title 42, Chapter 61, § 4604; chapter-061-uniform-relocation-assistance-and-real-property-acquisition-policies-for-federal-and-federally-assisted-programs.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4633 — Duties of lead agency

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4605&num=0&edition=prelim); (3) ensure that displacing agencies implement [section 4605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4605&num=0&edition=prelim) fairly and without discrimination in accordance with [section 4605(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4605/b/2/B&num=0&edition=prelim); (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) Regulat

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4601 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4604 — Certification

Page 6199 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4605 any statute authorizing the acquisition of prop- erty 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 consid- ered a displaced person as defined in section 4601(6) of this title. (Pub. L. 93–477, title IV, § 405, Oct. 26, 1974, 88 Stat. 1448.) Editorial Notes REFERENCES IN TEXT The Uniform Relocation Assistance and Real Prop- erty Acquisition Policies Act of 1970, referred to in sub- sec. (a), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables. 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, Conserva- tion, 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. CODIFICATION Section was not enacted as part of the Uniform Relo- cation Assistance and Real Property Acquisition Poli- cies Act of 1970 which comprises this chapter. § 4604. Certification (a) Acceptance of State agency certification Notwithstanding sections 4630 and 4655 of this title, the head of a Federal agency may dis- charge 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

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