42 U.S.C. § 4602 — Effect upon property acquisition

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