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42 U.S.C. § 4629 — Public works programs and projects of District of Columbia government and Washington Metropolitan Area Transit Authority

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

42 U.S.C. § 4629 — Public works programs and projects of District of Columbia government and Washington Metropolitan Area Transit Authority

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.

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Stable record: federal_law:legal_authorities:record_usc_c2e2fa5b88387ea306c0ff89
Source file: Laws/federal/codes/united-states-code/title-42/section-4629-public-works-programs-and-projects-of-district-of-columbia-government-an--ad533fe545.md
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Source location: Title 42, Chapter 61, § 4629; 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

23 U.S.C. § 141 — Enforcement of requirements

**(a)** Each State shall certify to the Secretary before January 1 of each year that it is enforcing all State laws respecting maximum vehicle size and weights permitted on the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System in accordance with [section 127 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section127&num=0&edition=prelim). Each State shall also certify that it is enforcing and complying with the provisions of [section 127(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section127/d&num=0&edition=prelim) and [section 31112 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31112&num=0&edition=prelim). **(b)** (1) Each State shall submit to the Secretary such information as the Secretary shall, by regulation, require as necessary, in his opinion, to verify the certification of such State under subsection (b) of this section. (2) If a State fails to certify as required by subsection (b) of this section or if the Secretary determines that a State is not adequately enforcing all State laws respecting such maximum vehicle size and weights, notwithstanding such a certification, then Federal-aid highway funds apportioned to such State for such fiscal year shall be reduced by amounts equal to 7 percent of the amount which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b). (3) If within one year from the date that the apportionment for any State is reduced in accordance with paragraph (2) of this subsection the Secretary determines that such State is enforcing all State laws respecting maximum size and weights, the apportionmen

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

42 U.S.C. § 4651 — Uniform policy on real property acquisition practices

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

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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

33 U.S.C. § 596 — Repealed. Pub. L. 91–646, title III, § 306, Jan. 2, 1971, 84 Stat. 1907

### Statutory Notes Section, Pub. L. 86–645, title III, § 301, July 14, 1960, 74 Stat. 502, declared the policy of Congress with respect to payment of just and reasonable consideration to owners and tenants whose property is acquired for public works projects and payment of a purchase price in negotiation for such property which will consider such congressional policy. See provisions of Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, classified to chapter 61 (§ 4601 et seq.) of Title 42, The Public Health and Welfare. #### Effective Date of Repeal Repeal not applicable to any State so long as sections 4630 and 4655 of title 42 are not applicable in such State; but such sections 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 such sections, see section 221 of Pub. L. 91–646, set out as an Effective Date note under [section 4601 of Title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4601&num=0&edition=prelim), The Public Health and Welfare. #### Savings Provision Any rights or liabilities existing under provisions repealed by section 306 of Pub. L. 91–646 as not affected by such repeal, see section 306 of Pub. L. 91–646, set out in part as a Savings Provision note under [section 4651 of Title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4651&num=0&edition=prelim), The Public Health and Welfare.

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

42 U.S.C. § 4629 — Public works programs and projects of

Page 6205 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4629 § 4626. Housing replacement by Federal agency as last resort (a) If a program or project undertaken by a Federal agency or with Federal financial assist- ance cannot proceed on a timely basis because comparable replacement dwellings are not avail- able, and the head of the displacing agency de- termines 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 deter- mined 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 com- parable replacement housing is available to such person. (Pub. L. 91–646, title II, § 206, Jan. 2, 1971, 84 Stat. 1898; Pub. L. 100–17, title IV, § 409, Apr. 2, 1987, 101 Stat. 253.) Editorial Notes AMENDMENTS 1987—Subsec. (a). Pub. L. 100–17 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘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.’’ Sub

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