
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4622]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
CHAPTER 61--UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION 
          POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS
 
              SUBCHAPTER II--UNIFORM RELOCATION ASSISTANCE
 
Sec. 4622. Moving and related expenses


(a) General provision

    Whenever a program or project to be undertaken by a displacing 
agency will result in the displacement of any person, the head of the 
displacing agency shall provide for the payment to the displaced person 
of--
        (1) actual reasonable expenses in moving himself, his family, 
    business, farm operation, or other personal property;
        (2) actual direct losses of tangible personal property as a 
    result of moving or discontinuing a business or farm operation, but 
    not to exceed an amount equal to the reasonable expenses that would 
    have been required to relocate such property, as determined by the 
    head of the agency;
        (3) actual reasonable expenses in searching for a replacement 
    business or farm; and
        (4) actual reasonable expenses necessary to reestablish a 
    displaced farm, nonprofit organization, or small business at its new 
    site, but not to exceed $10,000.

(b) Displacement from dwelling; election of payments: expense and 
        dislocation allowance

    Any displaced person eligible for payments under subsection (a) of 
this section who is displaced from a dwelling and who elects to accept 
the payments authorized by this subsection in lieu of the payments 
authorized by subsection (a) of this section may receive an expense and 
dislocation allowance, which shall be determined according to a schedule 
established by the head of the lead agency.

(c) Displacement from business or farm operation; election of payments; 
        minimum and maximum amounts; eligibility

    Any displaced person eligible for payments under subsection (a) of 
this section who is displaced from the person's place of business or 
farm operation and who is eligible under criteria established by the 
head of the lead agency may elect to accept the payment authorized by 
this subsection in lieu of the payment authorized by subsection (a) of 
this section. Such payment shall consist of a fixed payment in an amount 
to be determined according to criteria established by the head of the 
lead agency, except that such payment shall not be less than $1,000 nor 
more than $20,000. A person whose sole business at the displacement 
dwelling is the rental of such property to others shall not qualify for 
a payment under this subsection.

(d) Certain utility relocation expenses

    (1) Except as otherwise provided by Federal law--
        (A) if a program or project (i) which is undertaken by a 
    displacing agency, and (ii) the purpose of which is not to relocate 
    or reconstruct any utility facility, results in the relocation of a 
    utility facility;
        (B) if the owner of the utility facility which is being 
    relocated under such program or project has entered into, with the 
    State or local government on whose property, easement, or right-of-
    way such facility is located, a franchise or similar agreement with 
    respect to the use of such property, easement, or right-of-way; and
        (C) if the relocation of such facility results in such owner 
    incurring an extraordinary cost in connection with such relocation;

the displacing agency may, in accordance with such regulations as the 
head of the lead agency may issue, provide to such owner a relocation 
payment which may not exceed the amount of such extraordinary cost (less 
any increase in the value of the new utility facility above the value of 
the old utility facility and less any salvage value derived from the old 
utility facility).
    (2) For purposes of this subsection, the term--
        (A) ``extraordinary cost in connection with a relocation'' means 
    any cost incurred by the owner of a utility facility in connection 
    with relocation of such facility which is determined by the head of 
    the displacing agency, under such regulations as the head of the 
    lead agency shall issue--
            (i) to be a non-routine relocation expense;
            (ii) to be a cost such owner ordinarily does not include in 
        its annual budget as an expense of operation; and
            (iii) to meet such other requirements as the lead agency may 
        prescribe in such regulations; and

        (B) ``utility facility'' means--
            (i) any electric, gas, water, steam power, or materials 
        transmission or distribution system;
            (ii) any transportation system;
            (iii) any communications system (including cable 
        television); and
            (iv) any fixtures, equipment, or other property associated 
        with the operation, maintenance, or repair of any such system;

    located on property which is owned by a State or local government or 
    over which a State or local government has an easement or right-of-
    way. A utility facility may be publicly, privately, or cooperatively 
    owned.

(Pub. L. 91-646, title II, Sec. 202, Jan. 2, 1971, 84 Stat. 1895; Pub. 
L. 100-17, title IV, Sec. 405, Apr. 2, 1987, 101 Stat. 249.)


                               Amendments

    1987--Subsec. (a). Pub. L. 100-17, Sec. 405(a)(1), inserted 
introductory provisions and struck out former introductory provisions 
which read as follows: ``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 January 2, 1971, 
the head of such agency shall make a payment to any displaced person, 
upon proper application as approved by such agency head, for--''.
    Subsec. (a)(4). Pub. L. 100-17, Sec. 405(a)(2)-(4), added par. (4).
    Subsec. (b). Pub. L. 100-17, Sec. 405(b), substituted ``an expense 
and dislocation allowance, which shall be determined according to a 
schedule established by the head of the lead agency'' for ``a moving 
expense allowance, determined according to a schedule established by the 
head of the Federal agency, not to exceed $300; and a dislocation 
allowance of $200''.
    Subsec. (c). Pub. L. 100-17, Sec. 405(c), amended subsec. (c) 
generally. Prior to amendment, subsec. (c) read as follows: ``Any 
displaced person eligible for payments under subsection (a) of this 
section who is displaced from his place of business or from his farm 
operation and who elects to accept the payment authorized by this 
subsection in lieu of the payment authorized by subsection (a) of this 
section, may receive a fixed payment in an amount equal to the average 
annual net earnings of the business or farm operation, except that such 
payment shall be not less than $2,500 nor more than $10,000. In the case 
of a business no payment shall be made under this subsection unless the 
head of the Federal agency is satisfied that the business (1) cannot be 
relocated without a substantial loss of its existing patronage, and (2) 
is not a part of a commercial enterprise having at least one other 
establishment not being acquired by the United States, which is engaged 
in the same or similar business. For purposes of this subsection, the 
term `average annual net earnings' means one-half of any net earnings of 
the business or farm operation, before Federal, State, and local income 
taxes, during the two taxable years immediately preceding the taxable 
year in which such business or farm operation moves from the real 
property acquired for such project, or during such other period as the 
head of such agency determines to be more equitable for establishing 
such earnings, and includes any compensation paid by the business or 
farm operation to the owner, his spouse, or his dependents during such 
period.''
    Subsec. (d). Pub. L. 100-17, Sec. 405(d), added subsec. (d).


                    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 Apr. 2, 
1987, see section 418 of Pub. L. 100-17, set out as a note under section 
4601 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 4601, 4630 of this title; 
title 25 section 640d-14.
