US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC4601]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
CHAPTER 61--UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION 
          POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 4601. Definitions

    As used in this chapter--
    (1) The term ``Federal agency'' means any department, agency, or 
instrumentality in the executive branch of the Government, any wholly 
owned Government corporation, the Architect of the Capitol, the Federal 
Reserve banks and branches thereof, and any person who has the authority 
to acquire property by eminent domain under Federal law.
    (2) The term ``State'' means any of the several States of the United 
States, the District of Columbia, the Commonwealth of Puerto Rico, any 
territory or possession of the United States, the Trust Territory of the 
Pacific Islands, and any political subdivision thereof.
    (3) The term ``State agency'' means any department, agency, or 
instrumentality of a State or of a political subdivision of a State, any 
department, agency, or instrumentality of 2 or more States or of 2 or 
more political subdivisions of a State or States, and any person who has 
the authority to acquire property by eminent domain under State law.
    (4) The term ``Federal financial assistance'' means a grant, loan, 
or contribution provided by the United States, except any Federal 
guarantee or insurance, any interest reduction payment to an individual 
in connection with the purchase and occupancy of a residence by that 
individual, and any annual payment or capital loan to the District of 
Columbia.
    (5) The term ``person'' means any individual, partnership, 
corporation, or association.
    (6)(A) The term ``displaced person'' means, except as provided in 
subparagraph (B)--
        (i) any person who moves from real property, or moves his 
    personal property from real property--
            (I) as a direct result of a written notice of intent to 
        acquire or the acquisition of such real property in whole or in 
        part for a program or project undertaken by a Federal agency or 
        with Federal financial assistance; or
            (II) on which such person is a residential tenant or 
        conducts a small business, a farm operation, or a business 
        defined in paragraph (7)(D), as a direct result of 
        rehabilitation, demolition, or such other displacing activity as 
        the lead agency may prescribe, under a program or project 
        undertaken by a Federal agency or with Federal financial 
        assistance in any case in which the head of the displacing 
        agency determines that such displacement is permanent; and

        (ii) solely for the purposes of sections 4622(a) and (b) and 
    4625 of this title, any person who moves from real property, or 
    moves his personal property from real property--
            (I) as a direct result of a written notice of intent to 
        acquire or the acquisition of other real property, in whole or 
        in part, on which such person conducts a business or farm 
        operation, for a program or project undertaken by a Federal 
        agency or with Federal financial assistance; or
            (II) as a direct result of rehabilitation, demolition, or 
        such other displacing activity as the lead agency may prescribe, 
        of other real property on which such person conducts a business 
        or a farm operation, under a program or project undertaken by a 
        Federal agency or with Federal financial assistance where the 
        head of the displacing agency determines that such displacement 
        is permanent.

    (B) The term ``displaced person'' does not include--
        (i) a person who has been determined, according to criteria 
    established by the head of the lead agency, to be either in unlawful 
    occupancy of the displacement dwelling or to have occupied such 
    dwelling for the purpose of obtaining assistance under this chapter;
        (ii) in any case in which the displacing agency acquires 
    property for a program or project, any person (other than a person 
    who was an occupant of such property at the time it was acquired) 
    who occupies such property on a rental basis for a short term or a 
    period subject to termination when the property is needed for the 
    program or project.

    (7) The term ``business'' means any lawful activity, excepting a 
farm operation, conducted primarily--
        (A) for the purchase, sale, lease and rental of personal and 
    real property, and for the manufacture, processing, or marketing of 
    products, commodities, or any other personal property;
        (B) for the sale of services to the public;
        (C) by a nonprofit organization; or
        (D) solely for the purposes of section 4622 of this title, for 
    assisting in the purchase, sale, resale, manufacture, processing, or 
    marketing of products, commodities, personal property, or services 
    by the erection and maintenance of an outdoor advertising display or 
    displays, whether or not such display or displays are located on the 
    premises on which any of the above activities are conducted.

    (8) The term ``farm operation'' means any activity conducted solely 
or primarily for the production of one or more agricultural products or 
commodities, including timber, for sale or home use, and customarily 
producing such products or commodities in sufficient quantity to be 
capable of contributing materially to the operator's support.
    (9) The term ``mortgage'' means such classes of liens as are 
commonly given to secure advances on, or the unpaid purchase price of, 
real property, under the laws of the State in which the real property is 
located, together with the credit instruments, if any, secured thereby.
    (10) The term ``comparable replacement dwelling'' means any dwelling 
that is (A) decent, safe, and sanitary; (B) adequate in size to 
accommodate the occupants; (C) within the financial means of the 
displaced person; (D) functionally equivalent; (E) in an area not 
subject to unreasonable adverse environmental conditions; and (F) in a 
location generally not less desirable than the location of the displaced 
person's dwelling with respect to public utilities, facilities, 
services, and the displaced person's place of employment.
    (11) The term ``displacing agency'' means any Federal agency 
carrying out a program or project, and any State, State agency, or 
person carrying out a program or project with Federal financial 
assistance, which causes a person to be a displaced person.
    (12) The term ``lead agency'' means the Department of 
Transportation.
    (13) The term ``appraisal'' means a written statement independently 
and impartially prepared by a qualified appraiser setting forth an 
opinion of defined value of an adequately described property as of a 
specific date, supported by the presentation and analysis of relevant 
market information.

(Pub. L. 91-646, title I, Sec. 101, Jan. 2, 1971, 84 Stat. 1894; Pub. L. 
100-17, title IV, Sec. 402, Apr. 2, 1987, 101 Stat. 246.)

                       References in Text

    This chapter, referred to in introductory provision and par. 
(6)(B)(i), 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. For complete 
classification of this Act to the Code, see Short Title note set out 
below and Tables.


                               Amendments

    1987--Par. (1). Pub. L. 100-17, Sec. 402(a), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``The term 
`Federal agency' means any department, agency, or instrumentality in the 
executive branch of the Government (except the National Capital Housing 
Authority), any wholly owned Government corporation (except the District 
of Columbia Redevelopment Land Agency), and the Architect of the 
Capitol, the Federal Reserve banks and branches thereof.''
    Par. (3). Pub. L. 100-17, Sec. 402(b), amended par. (3) generally. 
Prior to amendment, par. (3) read as follows: ``The term `State agency' 
means the National Capital Housing Authority, the District of Columbia 
Redevelopment Land Agency, and any department, agency, or 
instrumentality of a State or of a political subdivision of a State, or 
any department, agency, or instrumentality of two or more States or of 
two or more political subdivisions of a State or States.''
    Par. (4). Pub. L. 100-17, Sec. 402(c), inserted ``, any interest 
reduction payment to an individual in connection with the purchase and 
occupancy of a residence by that individual,'' after ``insurance''.
    Par. (6). Pub. L. 100-17, Sec. 402(d), amended par. (6) generally. 
Prior to amendment, par. (6) read as follows: ``The term `displaced 
person' means any person who, on or after January 2, 1971, moves from 
real property, or moves his personal property from real property, as a 
result of the acquisition of such real property, in whole or in part, or 
as the result of the written order of the acquiring agency to vacate 
real property, for a program or project undertaken by a Federal agency, 
or with Federal financial assistance; and solely for the purposes of 
sections 4622(a) and (b) and 4625 of this title, as a result of the 
acquisition of or as the result of the written order of the acquiring 
agency to vacate other real property, on which such person conducts a 
business or farm operation, for such program or project.''
    Par. (7)(D). Pub. L. 100-17, Sec. 402(f), substituted ``section 
4622'' for ``section 4622(a)''.
    Pars. (10) to (13). Pub. L. 100-17, Sec. 402(e), added pars. (10) to 
(13).


                    Effective Date of 1987 Amendment

    Section 418 of title IV of Pub. L. 100-17 provided that: ``The 
amendment made by section 412 of this title [amending section 4633 of 
this title] (to the extent such amendment prescribes authority to 
develop, publish, and issue regulations) shall take effect on the date 
of the enactment of this title [Apr. 2, 1987]. This title and the 
amendments made by 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, repealing sections 4634 and 4637 of 
this title, and enacting provisions set out as a note under this 
section] (other than the amendment made by section 412 to such extent) 
shall take effect on the effective date provided in such regulations but 
not later than 2 years after such date of enactment.''


                             Effective Date

    Section 221 of Pub. L. 91-646 provided that:
    ``(a) Except as provided in subsections (b) and (c) of this section, 
this Act and the amendments made by this Act [see Short Title note 
below] shall take effect on the date of its enactment [Jan. 2, 1971].
    ``(b) Until July 1, 1972, sections 210 and 305 [sections 4630 and 
4655 of this title] shall be applicable to a State only to the extent 
that such State is able under its laws to comply with such sections. 
After July 1, 1972, such sections [sections 4630 and 4655 of this title] 
shall be completely applicable to all States.
    ``(c) The repeals made by paragraphs (4) [repealing section 1606(b) 
of former Title 49, Transportation], (5) [repealing section 1465 of this 
title], (6) [repealing section 1415(7)(b)(iii) and (8) second sentence 
of this title], (8) [repealing section 3074 of this title], (9) 
[repealing section 3307(b), (c) of this title], (10) [repealing chapter 
5 (sections 501-511) of Title 23, Highways], (11) [repealing 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

    Section 401 of title IV of Pub. L. 100-17 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, repealing 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

    Section 1 of Pub. L. 91-646 provided: ``That this Act [enacting this 
chapter, amending sections 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 Navigable 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 Relocation Assistance and Real Property 
Acquisition Policies Act of 1970'.''

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


               Treatment of Real Property Buyout Programs

    Pub. L. 103-181, Sec. 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 assistance available to pay all or part of the cost of 
a program or project resulting in the acquisition of real property or in 
any owner of real property being a displaced person (within the meaning 
of the Uniform Relocation Assistance and Real Property Acquisition 
Policies 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 damaged by the 
    major, widespread flooding in the Midwest 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 programs.''
    [For transfer of functions, personnel, assets, and liabilities of 
the Federal Emergency Management Agency, including the functions of the 
Director of the Federal Emergency Management Agency relating thereto, to 
the Secretary of Homeland Security, and for treatment of related 
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6, 
Domestic Security, and the Department of Homeland Security 
Reorganization Plan of November 25, 2002, as modified, set out as a note 
under section 542 of Title 6.]

                  Section Referred to in Other Sections

    This section is referred to in sections 4603, 4625, 4655 of this 
title; title 16 sections 429b-2, 460e-1, 460l-8, 460bb-2, 698b, 698h.