42 U.S.C. § 4605 — Displaced persons not eligible for assist-

Page 6199 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4605 any statute authorizing the acquisition of prop- erty for purposes of a unit of the National Park System, such owner shall be deemed to have waived any benefits under sections 4623, 4624, 4625, and 4626 of this title, and for the purposes of those sections such owner shall not be consid- ered a displaced person as defined in section 4601(6) of this title. (Pub. L. 93–477, title IV, § 405, Oct. 26, 1974, 88 Stat. 1448.) Editorial Notes REFERENCES IN TEXT The Uniform Relocation Assistance and Real Prop- erty Acquisition Policies Act of 1970, referred to in sub- sec. (a), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables. Public Law 92–272, referred to in subsec. (a), is Pub. L. 92–272, Apr. 11, 1972, 86 Stat. 120, which to the extent classified to the Code, amended sections 284b, 428m, 459f–10, 460m–1, 460m–7 and 460t–4 of Title 16, Conserva- tion, and amended a provision set out as a note under section 450ll of Title 16. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was not enacted as part of the Uniform Relo- cation Assistance and Real Property Acquisition Poli- cies Act of 1970 which comprises this chapter. § 4604. Certification (a) Acceptance of State agency certification Notwithstanding sections 4630 and 4655 of this title, the head of a Federal agency may dis- charge any of his responsibilities under this chapter by accepting a certification by a State agency that it will carry out such responsibility, if the head of the lead agency determines that such responsibility will be carried out in accord- ance with State laws which will accomplish the purpose and effect of this chapter. (b) Promulgation of regulations; notice and com- ment; consultation with local governments (1) The head of the lead agency shall issue reg- ulations to carry out this section. (2) Repealed. Pub. L. 104–66, title I, § 1121(f), Dec. 21, 1995, 109 Stat. 724. (3) Before making a determination regarding any State law under subsection (a) of this sec- tion, the head of the lead agency shall provide interested parties with an opportunity for public review and comment. In particular, the head of the lead agency shall consult with interested local general purpose governments within the State on the effects of such State law on the ability of local governments to carry out their responsibilities under this chapter. (c) Effect of noncompliance with certification or with applicable law (1) The head of a Federal agency may withhold his approval of any Federal financial assistance to or contract or cooperative agreement with any displacing agency found by the Federal agency to have failed to comply with the laws described in subsection (a) of this section. (2) After consultation with the head of the lead agency, the head of a Federal agency may rescind his acceptance of any certification under this section, in whole or in part, if the State agency fails to comply with such certification or with State law. (Pub. L. 91–646, title I, § 103, as added Pub. L. 100–17, title IV, § 403, Apr. 2, 1987, 101 Stat. 248; amended Pub. L. 104–66, title I, § 1121(f), Dec. 21, 1995, 109 Stat. 724.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(3), 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. AMENDMENTS 1995—Subsec. (b)(2). Pub. L. 104–66 struck out par. (2) which read as follows: ‘‘The head of the lead agency shall, in coordination with other Federal agencies, monitor from time to time, and report biennially to the Congress on, State agency implementation of this sec- tion. A State agency shall make available any informa- tion required for such purpose.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. § 4605. Displaced persons not eligible for assist- ance (a) In general Except as provided in subsection (c), a dis- placed person shall not be eligible to receive re- location payments or any other assistance under this chapter if the displaced person is an alien not lawfully present in the United States. (b) Determinations of eligibility (1) Promulgation of regulations Not later than 1 year after November 21, 1997, after providing notice and an opportunity for public comment, the head of the lead agen- cy shall promulgate regulations to carry out subsection (a). (2) Contents of regulations Regulations promulgated under paragraph (1) shall— (A) prescribe the processes, procedures, and information that a displacing agency must use in determining whether a displaced person is an alien not lawfully present in the United States; (B) prohibit a displacing agency from dis- criminating against any displaced person; (C) ensure that each eligibility determina- tion is fair and based on reliable informa- tion; and (D) prescribe standards for a displacing agency to apply in making determinations relating to exceptional and extremely un- usual hardship under subsection (c). Page 6200 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4621 (c) Exceptional and extremely unusual hardship If a displacing agency determines by clear and convincing evidence that a determination of the ineligibility of a displaced person under sub- section (a) would result in exceptional and ex- tremely unusual hardship to an individual who is the displaced person’s spouse, parent, or child and who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, the displacing agency shall provide relocation payments and other assist- ance to the displaced person under this chapter if the displaced person would be eligible for the assistance but for subsection (a). (d) Limitation on statutory construction Nothing in this section affects any right avail- able to a displaced person under any other provi- sion of Federal or State law. (Pub. L. 91–646, title I, § 104, as added Pub. L. 105–117, § 1, Nov. 21, 1997, 111 Stat. 2384.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), 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 II—UNIFORM RELOCATION ASSISTANCE § 4621. Declaration of findings and policy (a) Findings The Congress finds and declares that— (1) displacement as a direct result of pro- grams or projects undertaken by a Federal agency or with Federal financial assistance is caused by a number of activities, including re- habilitation, demolition, code enforcement, and acquisition; (2) relocation assistance policies must pro- vide for fair, uniform, and equitable treatment of all affected persons; (3) the displacement of businesses often re- sults in their closure; (4) minimizing the adverse impact of dis- placement is essential to maintaining the eco- nomic and social well-being of communities; and (5) implementation of this chapter has re- sulted in burdensome, inefficient, and incon- sistent compliance requirements and proce- dures which will be improved by establishing a lead agency and allowing for State certifi- cation and implementation. (b) Policy This subchapter establishes a uniform policy for the fair and equitable treatment of persons displaced as a direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance. The primary pur- pose of this subchapter is to ensure that such persons shall not suffer disproportionate inju- ries as a result of programs and projects de- signed for the benefit of the public as a whole and to minimize the hardship of displacement on such persons. (c) Congressional intent It is the intent of Congress that— (1) Federal agencies shall carry out this sub- chapter in a manner which minimizes waste, fraud, and mismanagement and reduces unnec- essary administrative costs borne by States and State agencies in providing relocation as- sistance; (2) uniform procedures for the administra- tion of relocation assistance shall, to the max- imum extent feasible, assure that the unique circumstances of any displaced person are taken into account and that persons in essen- tially similar circumstances are accorded equal treatment under this chapter; (3) the improvement of housing conditions of economically disadvantaged persons under this subchapter shall be undertaken, to the maximum extent feasible, in coordination with existing Federal, State, and local govern- mental programs for accomplishing such goals; and (4) the policies and procedures of this chap- ter will be administered in a manner which is consistent with fair housing requirements and which assures all persons their rights under title VIII of the Act of April 11, 1968 (Public Law 90–284), commonly known as the Civil Rights Act of 1968 [42 U.S.C. 3601 et seq.], and title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]. (Pub. L. 91–646, title II, § 201, Jan. 2, 1971, 84 Stat. 1895; Pub. L. 100–17, title IV, § 404, Apr. 2, 1987, 101 Stat. 248.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(5) and (c)(2), (4), 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. This subchapter, referred to in subsecs. (b) and (c)(1), (3), was in the original ‘‘this title’’, meaning title II of Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1895, which is classi- fied principally to this subchapter. For complete classi- fication of title II to the Code, see Tables. Title VIII of the Act of April 11, 1968 (Public Law 90–284), commonly known as the Civil Rights Act of 1968, referred to in subsec. (c)(4), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, known as the Fair Hous- ing Act, which is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (c)(4), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. AMENDMENTS 1987—Pub. L. 100–17 substituted ‘‘Declaration of find- ings and policy’’ for ‘‘Declaration of policy’’ in section