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

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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Source location: Title 42, Chapter 61, § 4605; 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. § 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. § 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. § 4605 — Displaced persons not eligible for assist-

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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