42 U.S.C. § 4634 — Agency coordination

Page 6208 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4634 tion, or other factors indicate that the pay- ments should be adjusted to meet the policy ob- jectives of this chapter. (Pub. L. 91–646, title II, § 213, Jan. 2, 1971, 84 Stat. 1900; Pub. L. 100–17, title IV, § 412, Apr. 2, 1987, 101 Stat. 254; Pub. L. 102–240, title I, § 1055, Dec. 18, 1991, 105 Stat. 2002; Pub. L. 105–117, § 2, Nov. 21, 1997, 111 Stat. 2385; Pub. L. 112–141, div. A, title I, § 1521(d), July 6, 2012, 126 Stat. 578.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (4) to (6), (b)(1), (4), and (d), 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 under section 4601 of this title and Tables. AMENDMENTS 2012—Subsec. (b)(4). Pub. L. 112–141, § 1521(d)(1), added par. (4). Subsec. (d). Pub. L. 112–141, § 1521(d)(2), added subsec. (d). 1997—Subsec. (a)(2) to (6). Pub. L. 105–117 added pars. (2) and (3) and redesignated former pars. (2) to (4) as (4) to (6), respectively. 1991—Subsec. (c). Pub. L. 102–240 inserted ‘‘and the Rural Electrification Administration’’ after ‘‘Ten- nessee Valley Authority’’. 1987—Pub. L. 100–17 in amending section generally, substituted ‘‘Duties of lead agency’’ for ‘‘Regulations and procedures’’ in section catchline. Subsec. (a). Pub. L. 100–17 amended subsec. (a) gen- erally. Prior to amendment, subsec. (a) read as follows: ‘‘In order to promote uniform and effective administra- tion of relocation assistance and land acquisition of State or local housing agencies, or other agencies hav- ing programs or projects by Federal agencies or pro- grams or projects by State agencies receiving Federal financial assistance, the heads of Federal agencies shall consult together on the establishment of regulations and procedures for the implementation of such pro- grams.’’ Subsec. (b). Pub. L. 100–17 amended subsec. (b) gen- erally. Prior to amendment, subsec. (b) read as follows: ‘‘The head of each Federal agency is authorized to es- tablish such regulations and procedures as he may de- termine 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 prac- ticable; ‘‘(2) that a displaced person who makes proper ap- plication 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; and ‘‘(3) that any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment, may have his application reviewed by the head of the Federal agen- cy having authority over the applicable program or project, or in the case of a program or project receiv- ing Federal financial assistance, by the head of the State agency.’’ Subsec. (c). Pub. L. 100–17 amended subsec. (c) gen- erally. Prior to amendment, subsec. (c) read as follows: ‘‘The head of each Federal agency may prescribe such other regulations and procedures, consistent with the provisions of this chapter, as he deems necessary or ap- propriate to carry out this chapter.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective on the date of enactment of Pub. L. 112–141, see section 1521(g) of Pub. L. 112–141, set out as a note under section 308 of Title 23, Highways. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of Title 23, Highways. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–17 effective Apr. 2, 1987, to the extent such amendment prescribes authority to de- velop, publish, and issue regulations, and otherwise to take effect on effective date provided in such regula- tions but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under sec- tion 4601 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. Executive Documents IMPROVEMENT OF ADMINISTRATION AND IMPLEMENTATION OF THIS CHAPTER Memorandum of the President dated February 27, 1985, 50 F.R. 8953, provided: The purpose of this Memorandum is to improve admin- istration and implementation of the Uniform Reloca- tion Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.]. Specifically, I hereby direct the following actions: 1. The Presidential Memorandum of September 6, 1973 on this subject is superseded. 2. As with other Administration management im- provement initiatives, a lead agency, the Department of Transportation (DOT), is designated to coordinate and monitor implementation of the Act, and consult periodically with State and local governments and other organizations and interest groups affected by ad- ministration of the Act. 3. DOT, jointly with the Department of Housing and Urban Development, shall interact with the principal executive departments and agencies affected by the Act in developing Administration policy. 4. Within 90 days of the date of this Memorandum, all affected executive departments and agencies shall pro- pose common regulations under the Act. Within one year of the date of this Memorandum, such depart- ments and agencies shall issue common regulations under the Act. Such regulations shall be consistent with the model policy promulgated by DOT, in con- sultation and coordination with other affected agen- cies, and published in final form in the Federal Reg- ister simultaneously with this Memorandum. 5. DOT shall report annually to the President’s Coun- cil on Management Improvement, through the Office of Management and Budget, on implementation of the Act. § 4634. Agency coordination (a) Agency capacity Each Federal agency responsible for funding or carrying out relocation and acquisition ac- tivities shall have adequately trained personnel and such other resources as are necessary to manage and oversee the relocation and acquisi- tion program of the Federal agency in accord- ance with this chapter. Page 6209 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4636 1 So in original. Probably should be ‘‘this’’. (b) Interagency agreements Not later than 1 year after July 6, 2012, each Federal agency responsible for funding reloca- tion and acquisition activities (other than the agency serving as the lead agency) shall enter into a memorandum of understanding with the lead agency that— (1) provides for periodic training of the per- sonnel of the Federal agency, which in the case of a Federal agency that provides Federal financial assistance, may include personnel of any displacing agency that receives Federal fi- nancial assistance; (2) addresses ways in which the lead agency may provide assistance and coordination to the Federal agency relating to compliance with the 1 chapter on a program or project basis; and (3) addresses the funding of the training, as- sistance, and coordination activities provided by the lead agency, in accordance with sub- section (c). (c) Interagency payments (1) In general For the fiscal year that begins 1 year after July 6, 2012, and each fiscal year thereafter, each Federal agency responsible for funding relocation and acquisition activities (other than the agency serving as the lead agency) shall transfer to the lead agency for the fiscal year, such funds as are necessary, but not less than $35,000, to support the training, assist- ance, and coordination activities of the lead agency described in subsection (b). (2) Included costs The cost to a Federal agency of providing the funds described in paragraph (1) shall be included as part of the cost of 1 or more pro- grams or projects undertaken by the Federal agency or with Federal financial assistance that result in the displacement of persons or the acquisition of real property. (Pub. L. 91–646, title II, § 214, as added Pub. L. 112–141, div. A, title I, § 1521(e), July 6, 2012, 126 Stat. 578.) Editorial Notes REFERENCES IN TEXT This chapter and the chapter, referred to in subsecs. (a) and (b)(2), were in the original ‘‘this Act’’ and ‘‘the Act’’, respectively, meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known as the Uniform Relocation Assist- ance 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. PRIOR PROVISIONS A prior section 4634, Pub. L. 91–646, title II, § 214, Jan. 2, 1971, 84 Stat. 1901, required head of each Federal agency to submit an annual report to the President re- specting programs and policies established or author- ized by this chapter, and the President to submit such reports to Congress, prior to repeal by Pub. L. 100–17, title IV, §§ 415, 418, Apr. 2, 1987, 100 Stat. 255, 256, effec- tive on effective date provided in regulations promul- gated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date of enactment of Pub. L. 112–141, see section 1521(g) of Pub. L. 112–141, set out as a note under section 308 of Title 23, Highways. § 4635. Planning and other preliminary expenses for additional housing In order to encourage and facilitate the con- struction or rehabilitation of housing to meet the needs of displaced persons who are displaced from dwellings because of any Federal or Fed- eral financially assisted project, the head of the Federal agency administering such project is au- thorized to make loans as a part of the cost of any such project, or to approve loans as a part of the cost of any such project receiving Federal financial assistance, to nonprofit, limited divi- dend, or cooperative organizations or to public bodies, for necessary and reasonable expenses, prior to construction, for planning and obtain- ing federally insured mortgage financing for the rehabilitation or construction of housing for such displaced persons. Notwithstanding the preceding sentence, or any other law, such loans shall be available for not to exceed 80 per cen- tum of the reasonable costs expected to be in- curred in planning, and in obtaining financing for, such housing, prior to the availability of such financing, including, but not limited to, preliminary surveys and analyses of market needs, preliminary site engineering, preliminary architectural fees, site acquisition, application and mortgage commitment fees, and construc- tion loan fees and discounts. Loans to an organi- zation established for profit shall bear interest at a market rate established by the head of such Federal agency. All other loans shall be without interest. Such Federal agency head shall require repayment of loans made under this section, under such terms and conditions as he may re- quire, upon completion of the project or sooner, and except in the case of a loan to an organiza- tion established for profit, may cancel any part or all of a loan if he determines that a perma- nent loan to finance the rehabilitation or the construction of such housing cannot be obtained in an amount adequate for repayment of such loan. Upon repayment of any such loan, the Fed- eral share of the sum repaid shall be credited to the account from which such loan was made, un- less the Secretary of the Treasury determines that such account is no longer in existence, in which case such sum shall be returned to the Treasury and credited to miscellaneous receipts. (Pub. L. 91–646, title II, § 215, Jan. 2, 1971, 84 Stat. 1901.) § 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 No payment received under this subchapter shall be considered as income for the purposes of title 26; or for the purposes of determining the eligibility or the extent of eligibility of any per-