42 U.S.C. § 4601 — Definitions

Page 6196 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4601 Sec. 4624. Replacement housing for tenants and certain others. 4625. Relocation planning, assistance coordination, and advisory services. 4626. Housing replacement by Federal agency as last resort. 4627. State required to furnish real property inci- dent to Federal assistance (local coopera- tion). 4628. State acting as agent for Federal program. 4629. Public works programs and projects of Dis- trict of Columbia government and Wash- ington Metropolitan Area Transit Author- ity. 4630. Requirements for relocation payments and assistance of federally assisted program; as- surances of availability of housing. 4631. Federal share of costs. 4632. Administration; relocation assistance in pro- grams receiving Federal financial assist- ance. 4633. Duties of lead agency. 4634. Agency coordination. 4635. Planning and other preliminary expenses for additional housing. 4636. Payments not to be considered as income for revenue purposes or for eligibility for as- sistance 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 Repealed. 4638.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. 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. SUBCHAPTER I—GENERAL PROVISIONS § 4601. Definitions As used in this chapter— (1) The term ‘‘Federal agency’’ means any de- partment, agency, or instrumentality in the ex- ecutive 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 do- main under Federal law. (2) The term ‘‘State’’ means any of the several States of the United States, the District of Co- lumbia, 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 de- partment, agency, or instrumentality of a State or of a political subdivision of a State, any de- partment, agency, or instrumentality of 2 or more States or of 2 or more political subdivi- sions of a State or States, and any person who has the authority to acquire property by emi- nent 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, ex- cept as provided in subparagraph (B)— (i) any person who moves from real property, or moves his personal property from real prop- erty— (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 pro- gram 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 dis- placing agency determines that such dis- placement 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 per- sonal 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 op- eration, for a program or project undertaken by a Federal agency or with Federal finan- cial 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 pro- gram or project undertaken by a Federal agency or with Federal financial assistance where the head of the displacing agency de- termines that such displacement is perma- nent. (B) The term ‘‘displaced person’’ does not in- clude— (i) a person who has been determined, ac- cording to criteria established by the head of the lead agency, to be either in unlawful occu- pancy of the displacement dwelling or to have occupied such dwelling for the purpose of ob- taining assistance under this chapter; (ii) in any case in which the displacing agen- cy 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 sub- ject to termination when the property is need- ed for the program or project. (7) The term ‘‘business’’ means any lawful ac- tivity, excepting a farm operation, conducted primarily— (A) for the purchase, sale, lease and rental of personal and real property, and for the manu- Page 6197 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4601 facture, 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 lo- cated on the premises on which any of the above activities are conducted. (8) The term ‘‘farm operation’’ means any ac- tivity conducted solely or primarily for the pro- duction 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 sup- port. (9) The term ‘‘mortgage’’ means such classes of liens as are commonly given to secure ad- vances 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 dwell- ing’’ means any dwelling that is (A) decent, safe, and sanitary; (B) adequate in size to accommo- date the occupants; (C) within the financial means of the displaced person; (D) functionally equivalent; (E) in an area not subject to unrea- sonable 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, facili- ties, 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 De- partment of Transportation. (13) The term ‘‘appraisal’’ means a written statement independently and impartially pre- pared by a qualified appraiser setting forth an opinion of defined value of an adequately de- scribed property as of a specific date, supported by the presentation and analysis of relevant market information. (Pub. L. 91–646, title I, § 101, Jan. 2, 1971, 84 Stat. 1894; Pub. L. 100–17, title IV, § 402, Apr. 2, 1987, 101 Stat. 246.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provision and par. (6)(B)(i), was in the original ‘‘this Act’’, mean- ing 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 is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. AMENDMENTS 1987—Par. (1). Pub. L. 100–17, § 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, § 402(b), amended par. (3) gen- erally. Prior to amendment, par. (3) read as follows: ‘‘The term ‘State agency’ means the National Capital Housing Authority, the District of Columbia Redevel- opment Land Agency, and any department, agency, or instrumentality of a State or of a political subdivision of a State, or any department, agency, or instrumen- tality of two or more States or of two or more political subdivisions of a State or States.’’ Par. (4). Pub. L. 100–17, § 402(c), inserted ‘‘, any inter- est 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, § 402(d), amended par. (6) gen- erally. 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 re- sult 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 pur- poses 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 busi- ness or farm operation, for such program or project.’’ Par. (7)(D). Pub. L. 100–17, § 402(f), substituted ‘‘sec- tion 4622’’ for ‘‘section 4622(a)’’. Pars. (10) to (13). Pub. L. 100–17, § 402(e), added pars. (10) to (13). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–17, title IV, § 418, Apr. 2, 1987, 101 Stat. 256, 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 de- velop, 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 [en- acting 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 Pub. L. 91–646, title II, § 221, Jan. 2, 1971, 84 Stat. 1904, 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 sec- tion 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) [repeal- Page 6198 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4602 ing 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 Pub. L. 100–17, title IV, § 401, Apr. 2, 1987, 101 Stat. 246, 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, re- pealing 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 Pub. L. 91–646, § 1, Jan. 2, 1971, 84 Stat. 1894, provided: ‘‘That this Act [enacting this chapter, amending sec- tions 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 Navi- gable 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 Relo- cation Assistance and Real Property Acquisition Poli- cies Act of 1970’.’’ WILLING SELLERS CONSIDERED DISPLACED PERSONS Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 710, provided that: ‘‘For fiscal year 2009 and hereafter, a willing seller from whom the Service acquires title to real property may be considered a ‘displaced person’ for purposes of the Uniform Relocation Assistance and Real Property Acquisition Policy Act [probably means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq.] and its implementing regulations, whether or not the Service has the authority to acquire such property by eminent domain.’’ TREATMENT OF REAL PROPERTY BUYOUT PROGRAMS Pub. L. 103–181, § 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 assist- ance available to pay all or part of the cost of a pro- gram or project resulting in the acquisition of real property or in any owner of real property being a dis- placed person (within the meaning of the Uniform Relo- cation Assistance and Real Property Acquisition Poli- cies 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 dam- aged by the major, widespread flooding in the Mid- west 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 pro- grams.’’ [For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.] [For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 4602. Effect upon property acquisition (a) The provisions of section 4651 of this title create no rights or liabilities and shall not af- fect 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 exist- ence immediately prior to January 2, 1971. (Pub. L. 91–646, title I, § 102, Jan. 2, 1971, 84 Stat. 1895.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known as the Uniform Relocation As- sistance and Real Property Acquisition Policies Act of 1970, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables. § 4603. Additional appropriations for moving costs, relocation benefits and other expenses incurred in acquisition of lands for National Park System; waiver of benefits (a) In all instances where authorizations of ap- propriations 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 addi- tional sums as may be necessary to provide for moving costs, relocation benefits, and other ex- penses incurred pursuant to the applicable pro- visions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91–646; 84 Stat. 1894). There are also authorized to be appropriated not to exceed $8,400,000 in addition to those authorized in Pub- lic Law 92–272 (86 Stat. 120) to provide for such moving costs, relocation benefits, and other re- lated expenses in connection with the acquisi- tion 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