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

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

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

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Source location: Title 42, Chapter 61, § 4633; chapter-061-uniform-relocation-assistance-and-real-property-acquisition-policies-for-federal-and-federally-assisted-programs.md

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**(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) 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; (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; and (4) that each Federal agency that has programs or projects requiring the acquisition of real property or causing a displacement from real property subject to the provisions of this chapter shall provide to the lead agency an annual summary report the 11 So in original. Probably should be “that”. describes the activities conducted by the Federal 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. **(d) Adjustment of payments** The head of the lead agency may adjust, by regulation, the amounts of relocation payments provided under sections 4622(a)(4), 4622(c), 4623(a), and 4624(a) of this title if the head of the lead agency determines that cost of living, inflation, or other factors indicate that the payments should be adjusted to meet the policy objectives of this chapter.

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

8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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23 U.S.C. § 104 — Apportionment

**(a) Administrative Expenses.—** (1) **In general.—** — There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— (A) $490,964,697 for fiscal year 2022; (B) $500,783,991 for fiscal year 2023; (C) $510,799,671 for fiscal year 2024; (D) $521,015,664 for fiscal year 2025; and (E) $531,435,977 for fiscal year 2026. (2) **Purposes.—** — The amounts authorized to be appropriated by this subsection shall be used— (A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2; (B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and (C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with [section 3521 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3521&num=0&edition=prelim). (3) **Availability.—** — The amounts made available under paragraph (1) shall remain available until expended. **(b) Division Among Programs of State’s Share of Base Apportionment.—** The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway fr

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

23 U.S.C. § 308 — Cooperation with Federal and State agencies and foreign countries

**(a) Authorized Activities.—** (1) **In general.—** — The Secretary may perform, by contract or otherwise, authorized engineering or other services in connection with the survey, construction, maintenance, or improvement of highways for other Federal agencies, cooperating foreign countries, and State cooperating agencies. (2) **Inclusions.—** — Services authorized under paragraph (1) may include activities authorized under section 214 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (3) **Reimbursement.—** — Reimbursement for services carried out under this subsection (including depreciation on engineering and road-building equipment) shall be credited to the applicable appropriation. (4) **Alternative contracting methods.—** (A) *In general.—* — Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title. (B) *Methods described.—* — The contracting methods referred to in subparagraph (A) shall include, at a minimum— (i) project bundling; (ii) bridge bundling; (iii) design-build contracting; (iv) 2-phase contracting; (v) long-term concession agreements; and (vi) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. **(b)** Appropriations for the work of the Federal Highway Administration shall be available for expenses of warehouse maintenance and the procurement, care, and handling of supplies, materials, and equipment for distribution to projects under the supervision of the Federal Highway Administration, or for sale or distribution to other Governmen

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

42 U.S.C. § 4605 — Displaced persons not eligible for assistance

**(a) In general** Except as provided in subsection (c), 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). (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). **(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) 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 (

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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

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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42 U.S.C. § 4621 — Declaration of findings and policy

**(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 d

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42 U.S.C. § 4622 — Moving and related expenses

**(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 $25,000, as adjusted by regulation, in accordance with [section 4633(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4633/d&num=0&edition=prelim). **(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 busin

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42 U.S.C. § 4623 — Replacement housing for homeowner; mortgage insurance

**(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 $31,000, as adjusted by regulation, in accordance with 4633(d) 11 So in original. Probably should be preceded by “section”. of this title, to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than 90 days before 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

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

42 U.S.C. § 4624 — Replacement housing for tenants and certain others

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4623&num=0&edition=prelim) 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 $7,200, as adjusted by regulation, in accordance with [section 4633(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4633/d&num=0&edition=prelim). 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).

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