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.’’ Subsec. (b). Pub. L. 100–17 amended subsec. (b) gen- erally. Prior to amendment, subsec. (b) read as follows: ‘‘No person shall be required to move from his dwelling on or after January 2, 1971, on account of any Federal project, unless the Federal agency head is satisfied that replacement housing, in accordance with section 4625(c)(3) of this title, is available to such person.’’ 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. § 4627. State required to furnish real property in- cident to Federal assistance (local coopera- tion) Whenever real property is acquired by a State agency and furnished as a required contribution incident to a Federal program or project, the Federal agency having authority over the pro- gram or project may not accept such property unless such State agency has made all payments and provided all assistance and assurances, as are required of a State agency by sections 4630 and 4655 of this title. Such State agency shall pay the cost of such requirements in the same manner and to the same extent as the real prop- erty acquired for such project, except that in the case of any real property acquisition or dis- placement occurring prior to July 1, 1972, such Federal agency shall pay 100 per centum of the first $25,000 of the cost of providing such pay- ments and assistance. (Pub. L. 91–646, title II, § 207, Jan. 2, 1971, 84 Stat. 1898.) § 4628. State acting as agent for Federal program Whenever real property is acquired by a State agency at the request of a Federal agency for a Federal program or project, such acquisition shall, for the purposes of this chapter, be deemed an acquisition by the Federal agency having authority over such program or project. (Pub. L. 91–646, title II, § 208, Jan. 2, 1971, 84 Stat. 1899.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning 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. § 4629. Public works programs and projects of District of Columbia government and Wash- ington Metropolitan Area Transit Authority Whenever real property is acquired by the gov- ernment of the District of Columbia or the Washington Metropolitan Area Transit Author- ity 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 Wash- ington Metropolitan Area Transit Authority, as the case may be, shall make all relocation pay- ments 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. (Pub. L. 91–646, title II, § 209, Jan. 2, 1971, 84 Stat. 1899; Pub. L. 93–198, title IV, § 421, Dec. 24, 1973, 87 Stat. 789.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning 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. Subchapter III of this chapter, referred to in text, was in the original ‘‘title III of this Act’’, meaning title III of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1904, which en- acted subchapter III of this chapter, repealed sections 3071 to 3073 of this title, section 141 of Title 23, High- Page 6206 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4630 ways, and section 596 of Title 33, Navigation and Navi- gable Waters, and enacted provisions set out as a note under section 4651 of this title. For complete classifica- tion of title III to the Code, see Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Mayor’’ substituted for ‘‘Commissioner’’ pursuant to section 421 of Pub. L. 93–198, title IV, Dec. 24, 1973, 87 Stat. 789. Office of Commissioner of District of Co- lumbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Of- fice of Mayor of District of Columbia by section 421 of Pub. L. 93–198. § 4630. Requirements for relocation payments and assistance of federally assisted program; assurances of availability of housing Notwithstanding any other law, the head of a Federal agency shall not approve any grant to, or contract or agreement with, a displacing agency (other than a Federal agency), under which Federal financial assistance will be avail- able to pay all or part of the cost of any pro- gram or project which will result in the dis- placement of any person on or after January 2, 1971, unless he receives satisfactory assurances from such displacing agency that— (1) fair and reasonable relocation payments and assistance shall be provided to or for dis- placed persons, as are required to be provided by a Federal agency under sections 4622, 4623, and 4624 of this title; (2) relocation assistance programs offering the services described in section 4625 of this title shall be provided to such displaced per- sons; (3) within a reasonable period of time prior to displacement, comparable replacement dwellings will be available to displaced per- sons in accordance with section 4625(c)(3) of this title. (Pub. L. 91–646, title II, § 210, Jan. 2, 1971, 84 Stat. 1899; Pub. L. 100–17, title IV, § 410, Apr. 2, 1987, 101 Stat. 254.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–17 in introductory provisions sub- stituted ‘‘displacing agency (other than a Federal agen- cy)’’ for ‘‘State agency’’ and ‘‘assurances from such dis- placing agency’’ for ‘‘assurances from such State agen- cy’’, and in par. (3) substituted ‘‘comparable replace- ment dwellings’’ for ‘‘decent, safe, and sanitary re- placement dwellings’’. 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. EFFECTIVE DATE Section as 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 this section, see section 221(b) of Pub. L. 91–646, set out as a note under section 4601 of this title. § 4631. Federal share of costs (a) Cost to displacing agency; eligibility The cost to a displacing agency of providing payments and assistance under this subchapter and subchapter III of this chapter shall be in- cluded as part of the cost of a program or project undertaken by a Federal agency or with Federal financial assistance. A displacing agen- cy, other than a Federal agency, shall be eligible for Federal financial assistance with respect to such payments and assistance in the same man- ner and to the same extent as other program or project costs. (b) Comparable payments under other laws No payment or assistance under this sub- chapter or subchapter III of this chapter shall be required to be made to any person or included as a program or project cost under this section, if such person receives a payment required by Fed- eral, State, or local law which is determined by the head of the Federal agency to have substan- tially the same purpose and effect as such pay- ment under this section. (c) Agreements prior to January 2, 1971; ad- vancements Any grant to, or contract or agreement with, a State agency executed before January 2, 1971, under which Federal financial assistance is available to pay all or part of the cost of any program or project which will result in the dis- placement of any person on or after January 2, 1971, shall be amended to include the cost of pro- viding payments and services under sections 4630 and 4655 of this title. If the head of a Federal agency determines that it is necessary for the expeditious completion of a program or project he may advance to the State agency the Federal share of the cost of any payments or assistance by such State agency pursuant to sections 4626, 4630, 4635, and 4655 of this title. (Pub. L. 91–646, title II, § 211, Jan. 2, 1971, 84 Stat. 1900; Pub. L. 100–17, title IV, § 411, Apr. 2, 1987, 101 Stat. 254.) Editorial Notes REFERENCES IN TEXT Subchapter III of this chapter, referred to in subsecs. (a) and (b), was in the original ‘‘title III of this Act’’, meaning title III of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1904, which is classified principally to subchapter III of this chapter. For complete classification of title III to the Code, see Tables. AMENDMENTS 1987—Subsec. (a). Pub. L. 100–17, § 411(a), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘The cost to a State agency of providing payments and assistance pursuant to sections 4626, 4630, 4635, and 4655 of this title, shall be included as part of the cost of a program or project for which Federal fi- nancial assistance is available to such State agency, and such State agency shall be eligible for Federal fi- nancial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs, except that, notwith- standing any other law in the case where the Federal financial assistance is by grant or contribution the