42 U.S.C. § 4636 — Payments not to be considered as income

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- Page 6210 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4637 son for assistance under the Social Security Act [42 U.S.C. 301 et seq.] or any other Federal law (except for any Federal law providing low-in- come housing assistance). (Pub. L. 91–646, title II, § 216, Jan. 2, 1971, 84 Stat. 1902; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–17, title IV, § 413, Apr. 2, 1987, 101 Stat. 255.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 1305 of this title and Tables. AMENDMENTS 1987—Pub. L. 100–17 inserted ‘‘(except for any Federal law providing low-income housing assistance)’’ before period at end. 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated 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, see section 418 of Pub. L. 100–17, set out as a note under sec- tion 4601 of this title. § 4637. Repealed. Pub. L. 100–17, title IV, § 415, Apr. 2, 1987, 101 Stat. 255 Section, Pub. L. 91–646, title II, § 217, Jan. 2, 1971, 84 Stat. 1902, related to displacement by code enforce- ment, rehabilitation, and demolition programs receiv- ing Federal assistance. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on effective date provided in regula- tions promulgated 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, see section 418 of Pub. L. 100–17, set out as an Effective Date of 1987 Amend- ment note under section 4601 of this title. § 4638. Transfers of surplus property The Administrator of General Services is au- thorized to transfer to a State agency for the purpose of providing replacement housing re- quired by this subchapter, any real property sur- plus to the needs of the United States within the meaning of chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. Such transfer shall be subject to such terms and con- ditions as the Administrator determines nec- essary to protect the interests of the United States and may be made without monetary con- sideration, except that such State agency shall pay to the United States all net amounts re- ceived by such agency from any sale, lease, or other disposition of such property for such hous- ing. (Pub. L. 91–646, title II, § 218, Jan. 2, 1971, 84 Stat. 1902; Pub. L. 100–17, title IV, § 414, Apr. 2, 1987, 101 Stat. 255.) Editorial Notes CODIFICATION In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Fed- eral Property and Administrative Services Act of 1949, as amended’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Pub- lic Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1987—Pub. L. 100–17 inserted ‘‘net’’ after ‘‘all’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated 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, see section 418 of Pub. L. 100–17, set out as a note under sec- tion 4601 of this title. SUBCHAPTER III—UNIFORM REAL PROPERTY ACQUISITION POLICY § 4651. Uniform policy on real property acquisi- tion practices In order to encourage and expedite the acqui- sition of real property by agreements with own- ers, 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 ac- quisition 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 op- portunity 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 acqui- sition 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 prop- erty for the full amount so established. In no event shall such amount be less than the agen- cy’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 improve- ment for which such property is acquired, or by the likelihood that the property would be ac- quired for such improvement, other than that due to physical deterioration within the reason- able 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 property to be ac- quired with a written statement of, and sum- mary of the basis for, the amount he established