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Title 42 — The Public Health and Welfare

Chapter 61 — Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs

§ 4625. Relocation planning, assistance coordination, and advisory services

Statutory text

(a)

Planning of programs or projects undertaken by Federal agencies or with Federal financial assistance

Programs or projects undertaken by a Federal agency or with Federal financial assistance shall be planned in a manner that (1) recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations, and (2) provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.

(b)

Availability of advisory services

The head of any displacing agency shall ensure that the relocation assistance advisory services described in subsection (c) of this section are made available to all persons displaced by such agency. If such agency head determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency head may make available to such person such advisory services.

(c)

Measures, facilities, or services; description

Each relocation assistance advisory program required by subsection (b) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to—

(1)

determine, and make timely recommendations on, the needs and preferences, if any, of displaced persons for relocation assistance;

(2)

provide current and continuing information on the availability, sales prices, and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations;

(3)

assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of—

(A)

a major disaster as defined in section 5122(2) of this title;

(B)

a national emergency declared by the President; or

(C)

any other emergency which requires the person to move immediately from the dwelling because continued occupancy of such dwelling by such person constitutes a substantial danger to the health or safety of such person;

(4)

assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;

(5)

supply (A) information concerning other Federal and State programs which may be of assistance to displaced persons, and (B) technical assistance to such persons in applying for assistance under such programs; and

(6)

provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation.

(d)

Coordination of relocation activities with other Federal, State, or local governmental actions

The head of a displacing agency shall coordinate the relocation activities performed by such agency with other Federal, State, or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services.

(e)

Selection of implementation procedures

Whenever two or more Federal agencies provide financial assistance to a displacing agency other than a Federal agency, to implement functionally or geographically related activities which will result in the displacement of a person, the heads of such Federal agencies may agree that the procedures of one of such agencies shall be utilized to implement this subchapter with respect to such activities. If such agreement cannot be reached, then the head of the lead agency shall designate one of such agencies as the agency whose procedures shall be utilized to implement this subchapter with respect to such activities. Such related activities shall constitute a single program or project for purposes of this chapter.

(f)

Tenants occupying property acquired for programs or projects; eligibility for advisory services

Notwithstanding section 4601(1) of this title, in any case in which a displacing agency acquires property for a program or project, any person 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 shall be eligible for advisory services to the extent determined by the displacing agency.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

    Pub. L. 91–646 title II § 205 · 84 Stat. 1894

    Enacted · 42 U.S.C. § 4625

    Pub. L. 91–646, title II, § 205, Jan. 2, 1971, 84 Stat. 1897

    Source evidence

    Code source credit
    Pub. L. 91–646, title II, § 205, Jan. 2, 1971, 84 Stat. 1897

    Enacted provision · exact public law section
    Sec. 205. relocation assistance advisory services (a) Whenever the acquisition of real property for a program or project, undertaken by a Federal agency in any State will result in the displacement of any person on or after the effective date of this section, the head of such agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in subsection (c) of this section. If such agency bead determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, he may offer such person relocation advisory services under such program. (b) Federal agencies administering programs which may be of assistance to displaced persons covered by this Act shall cooperate to the maximum extent feasible with the Federal or State agency causing the displacement to assure that such displaced persons receive the maximum assistance available to them. (c) Each relocation assistance advisory program required by subsection (a) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to— (1) determine the need, if any, of displaced persons, for relocation assistance; (2) provide current and continuing information on the availability, prices, and rentals, of comparable decent, safe, and sanitary sales and rental housing, and of comparable commercial properties and locations for displaced businesses; (3) assure that, within a reasonable period of time, prior to displacement there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe, and sanitary dwellings, as defined by such Federal agency head, equal in number to the number of and available to such displaced persons who require such dwellings and reasonably accessible to their places of employment, except that the head of that Federal agency may prescribe by regulation situations when such assurances may be waived; (4) assist a displaced person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location; (5) supply information concerning Federal and State housing programs, disaster loan programs, and other Federal or State programs offering assistance to displaced persons; and (d) provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation, (d) The heads of Federal agencies shall coordinate relocation activities with project work, and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of relocation assistance programs.

  2. Uniform Relocation Act Amendments of 1987

    Pub. L. 100–17 title IV § 408 · 101 Stat. 132

    1. Substituted · 42 U.S.C. § 4625

      Pub. L. 100–17, substituted “Relocation planning, assistance coordination, and advisory services” for “Relocation assistance advisory services” in catchline

    2. Amended · 42 U.S.C. § 4625

      Pub. L. 100–17, amended text generally, revising and restating as subsecs. (a) to (f) provisions formerly contained in subsecs. (a) to (d)

    Source evidence

    Code amendment note
    Pub. L. 100–17, substituted “Relocation planning, assistance coordination, and advisory services” for “Relocation assistance advisory services” in catchline and amended text generally, revising and restating as subsecs. (a) to (f) provisions formerly contained in subsecs. (a) to (d).

    Enacted provision · exact public law section
    SEC. 408. RELOCATION PLANNING, ASSISTANCE COORDINATION, AND ADVISORY SERVICES. Section 205 of the Uniform Act (42 U.S.C. 4625) is amended to read as follows: “Sec. 205. “relocation planning, assistance coordination, and advisory services (a) Programs or projects undertaken by a Federal agency or with Federal financial assistance shall be planned in a manner that (1) recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations, and (2) provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion. “(b) The head of any displacing agency shall ensure that the relocation assistance advisory services described in subsection (c) of this section are made available to all persons displaced by such agency. If such agency head determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency head may make available to such person such advisory services. “(c) Each relocation assistance advisory program required by subsection (b) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to— “(1) determine, and make timely recommendations on, the needs and preferences, if any, of displaced persons for relocation assistance; “(2) provide current and continuing information on the availability, sales prices, and rental charges of comparable replace-ment dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations; “(3) assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of— “(A) a major disaster as defined in section 102(2) of the Disaster Relief Act of 1974; “(B) a national emergency declared by the President; or “(C) any other emergency which requires the person to move immediately from the dwelling because continued occupancy of such dwelling by such person constitutes a substantial danger to the health or safety of such person; “(4) assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location; “(5) supply (A) information concerning other Federal and State programs which may be of assistance to displaced persons, and (B) technical assistance to such persons in applying for assistance under such programs; and “(6) provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation. “(d) The head of a displacing agency shall coordinate the relocation activities performed by such agency with other Federal, State, or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services. “(e) Whenever two or more Federal agencies provide financial assistance to a displacing agency other than a Federal agency, to implement functionally or geographically related activities which will result in the displacement of a person, the heads of such Federal agencies may agree that the procedures of one of such agencies shall be utilized to implement this title with respect to such activities. If such agreement cannot be reached, then the head of the lead agency shall designate one of such agencies as the agency whose procedures shall be utilized to implement this title with respect to such activities. Such related activities shall constitute a single program or project for purposes of this Act. “(f) Notwithstanding section 101(6) of this Act, in any case in 42 USC 4601. which a displacing agency acquires property for a program or project, any person 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 shall be eligible for advisory services to the extent determined by the displacing agency.”.

    Effective date note
    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 section 4601 of this title.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsec. (e), was in the original “this Act”, meaning Pub. L. 91–646, , 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

1987—Pub. L. 100–17, substituted “Relocation planning, assistance coordination, and advisory services” for “Relocation assistance advisory services” in catchline and amended text generally, revising and restating as subsecs. (a) to (f) provisions formerly contained in subsecs. (a) to (d).

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 , see section 418 of Pub. L. 100–17, set out as a note under section 4601 of this title.

Credits

1971–1987 · 2 acts
  1. 1971Pub. L. 91–646, title II, § 205, , 84 Stat. 1897
  2. 1987Pub. L. 100–17, title IV, § 408, , 101 Stat. 252.
Show as published

(Pub. L. 91–646, title II, § 205, , 84 Stat. 1897; Pub. L. 100–17, title IV, § 408, , 101 Stat. 252.)

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