Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601)

§ 4594

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 91–616, title VI, § 603, formerly title V,
§ 503, Dec. 31, 1970, 84 Stat. 1855, renumbered Pub.
L. 94–371, § 7, July 26, 1976, 90 Stat. 1038.)

Sec.

4631.
4632.

REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–616, Dec. 31, 1970, 84
Stat. 1848, known as the Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970. For complete classification of this
Act to the Code, see Short Title note set out under section 4541 of this title and Tables.
CODIFICATION
Pub. L. 94–371, § 7, July 26, 1976, 90 Stat. 1038, redesignated title V of Pub. L. 91–616, which was classified to
subchapter IV of this chapter, as title VI without renumbering the sections therein. Section 503 of Pub. L.
91–616 was renumbered 603, as the probable intent of
Congress.

§ 4594. Contract authority in appropriation Acts
The authority of the Secretary to enter into
contracts under this chapter shall be effective
for any fiscal year only to such extent or in such
amounts as are provided in advance by appropriation Acts.
(Pub. L. 91–616, title VI, § 604, as added Pub. L.
96–180, § 17, Jan. 2, 1980, 93 Stat. 1306.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 91–616, Dec. 31, 1970, 84
Stat. 1848, known as the Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970. For complete classification of this
Act to the Code, see Short Title note set out under section 4541 of this title and Tables.

CHAPTER 61—UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS
SUBCHAPTER I—GENERAL PROVISIONS
Sec.

4601.
4602.
4603.

Definitions.
Effect upon property acquisition.
Additional appropriations for moving costs,
relocation benefits and other expenses incurred in acquisition of lands for National
Park System; waiver of benefits.
4604.
Certification.
4605.
Displaced persons not eligible for assistance.
SUBCHAPTER II—UNIFORM RELOCATION
ASSISTANCE
4621.
4622.
4623.
4624.
4625.
4626.
4627.

4628.
4629.

4630.

Declaration of findings and policy.
Moving and related expenses.
Replacement housing for homeowner; mortgage insurance.
Replacement housing for tenants and certain
others.
Relocation planning, assistance coordination,
and advisory services.
Housing replacement by Federal agency as
last resort.
State required to furnish real property incident to Federal assistance (local cooperation).
State acting as agent for Federal program.
Public works programs and projects of District of Columbia government and Washington Metropolitan Area Transit Authority.
Requirements for relocation payments and
assistance of federally assisted program; assurances of availability of housing.

Page 5442

4633.
4634.
4635.
4636.

4637.
4638.

Federal share of costs.
Administration; relocation assistance in programs receiving Federal financial assistance.
Duties of lead agency.
Agency coordination.
Planning and other preliminary expenses for
additional housing.
Payments not to be considered as income for
revenue purposes or for eligibility for assistance under Social Security Act or other
Federal law.
Repealed.
Transfers of surplus property.

SUBCHAPTER III—UNIFORM REAL PROPERTY
ACQUISITION POLICY
4651.
4652.
4653.
4654.
4655.

Uniform policy on real property acquisition
practices.
Buildings, structures, and improvements.
Expenses incidental to transfer of title to
United States.
Litigation expenses.
Requirements for uniform land acquisition
policies; payments of expenses incidental to
transfer of real property to State; payment
of litigation expenses in certain cases.

SUBCHAPTER I—GENERAL PROVISIONS
§ 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

Page 5443

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 pro-

§ 4601

duction 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, § 101, Jan. 2, 1971, 84 Stat.
1894; Pub. L. 100–17, title IV, § 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, which is classified
principally to this chapter. 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, § 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, § 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, § 402(c), inserted ‘‘, any interest reduction payment to an individual in connection

§ 4601

TITLE 42—THE PUBLIC HEALTH AND WELFARE

with the purchase and occupancy of a residence by that
individual,’’ after ‘‘insurance’’.
Par. (6). Pub. L. 100–17, § 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, § 402(f), substituted ‘‘section 4622’’ for ‘‘section 4622(a)’’.
Pars. (10) to (13). Pub. L. 100–17, § 402(e), added pars.
(10) to (13).
EFFECTIVE DATE OF 1987 AMENDMENT
Pub. L. 100–17, title IV, § 418, Apr. 2, 1987, 101 Stat. 256,
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
Pub. L. 91–646, title II, § 221, Jan. 2, 1971, 84 Stat. 1904,
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
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, 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
Pub. L. 91–646, § 1, Jan. 2, 1971, 84 Stat. 1894, provided:
‘‘That this Act [enacting this chapter, amending sec-

Page 5444

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 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.
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 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 all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency 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 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 former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reor-

Page 5445

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.]

§ 4602. Effect upon property acquisition
(a) The provisions of section 4651 of this title
create no rights or liabilities and shall not affect 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 existence immediately prior to January 2, 1971.
(Pub. L. 91–646, title I, § 102, Jan. 2, 1971, 84 Stat.
1895.)
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 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.

§ 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 appropriations 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 additional sums as may be necessary to provide for
moving costs, relocation benefits, and other expenses incurred pursuant to the applicable provisions 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 Public Law 92–272 (86 Stat. 120) to provide for such
moving costs, relocation benefits, and other related expenses in connection with the acquisition 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
any statute authorizing the acquisition of property 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 considered 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.)
REFERENCES IN TEXT
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894,
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.
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-

§ 4604

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 Relocation Assistance and Real Property Acquisition Policies 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 discharge 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 accordance with State laws which will accomplish the
purpose and effect of this chapter.
(b) Promulgation of regulations; notice and comment; consultation with local governments
(1) The head of the lead agency shall issue regulations 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 section, 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.)
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-