
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4633]

 
                 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. 4633. Duties of lead agency


(a) General provisions

    The head of the lead agency shall--
        (1) develop, publish, and issue, with the active participation 
    of the Secretary of Housing and Urban Development and the heads of 
    other Federal agencies responsible for funding relocation and 
    acquisition actions, and in coordination with State and local 
    governments, such regulations as may be necessary to carry out this 
    chapter;
        (2) provide, in consultation with the Attorney General (acting 
    through the Commissioner of the Immigration and Naturalization 
    Service), through training and technical assistance activities for 
    displacing agencies, information developed with the Attorney General 
    (acting through the Commissioner) on proper implementation of 
    section 4605 of this title;
        (3) ensure that displacing agencies implement section 4605 of 
    this title fairly and without discrimination in accordance with 
    section 4605(b)(2)(B) of this title;
        (4) ensure that relocation assistance activities under this 
    chapter are coordinated with low-income housing assistance programs 
    or projects by a Federal agency or a State or State agency with 
    Federal financial assistance;
        (5) monitor, in coordination with other Federal agencies, the 
    implementation and enforcement of this chapter and report to the 
    Congress, as appropriate, on any major issues or problems with 
    respect to any policy or other provision of this chapter; and
        (6) perform such other duties as may be necessary to carry out 
    this chapter.

(b) Regulations and procedures

    The head of the lead agency is authorized to issue such regulations 
and establish such procedures as he may determine to be necessary to 
assure--
        (1) that the payments and assistance authorized by this chapter 
    shall be administered in a manner which is fair and reasonable and 
    as uniform as practicable;
        (2) that a displaced person who makes proper application for a 
    payment authorized for such person by this subchapter shall be paid 
    promptly after a move or, in hardship cases, be paid in advance; and
        (3) that any aggrieved person may have his application reviewed 
    by the head of the Federal agency having authority over the 
    applicable program or project or, in the case of a program or 
    project receiving Federal financial assistance, by the State agency 
    having authority over such program or project or the Federal agency 
    having authority over such program or project if there is no such 
    State agency.

(c) Applicability to Tennessee Valley Authority and Rural 
        Electrification Administration

    The regulations and procedures issued pursuant to this section shall 
apply to the Tennessee Valley Authority and the Rural Electrification 
Administration only with respect to relocation assistance under this 
subchapter and subchapter I of this chapter.

(Pub. L. 91-646, title II, Sec. 213, Jan. 2, 1971, 84 Stat. 1900; Pub. 
L. 100-17, title IV, Sec. 412, Apr. 2, 1987, 101 Stat. 254; Pub. L. 102-
240, title I, Sec. 1055, Dec. 18, 1991, 105 Stat. 2002; Pub. L. 105-117, 
Sec. 2, Nov. 21, 1997, 111 Stat. 2385.)


                               Amendments

    1997--Subsec. (a)(2) to (6). Pub. L. 105-117 added pars. (2) and (3) 
and redesignated former pars. (2) to (4) as (4) to (6), respectively.
    1991--Subsec. (c). Pub. L. 102-240 inserted ``and the Rural 
Electrification Administration'' after ``Tennessee Valley Authority''.
    1987--Pub. L. 100-17 in amending section generally, substituted 
``Duties of lead agency'' for ``Regulations and procedures'' in section 
catchline.
    Subsec. (a). Pub. L. 100-17 amended subsec. (a) generally. Prior to 
amendment, subsec. (a) read as follows: ``In order to promote uniform 
and effective administration of relocation assistance and land 
acquisition of State or local housing agencies, or other agencies having 
programs or projects by Federal agencies or programs or projects by 
State agencies receiving Federal financial assistance, the heads of 
Federal agencies shall consult together on the establishment of 
regulations and procedures for the implementation of such programs.''
    Subsec. (b). Pub. L. 100-17 amended subsec. (b) generally. Prior to 
amendment, subsec. (b) read as follows: ``The head of each Federal 
agency is authorized to establish such regulations and procedures as he 
may determine to be necessary to assure--
        ``(1) that the payments and assistance authorized by this 
    chapter shall be administered in a manner which is fair and 
    reasonable, and as uniform as practicable;
        ``(2) that a displaced person who makes proper application for a 
    payment authorized for such person by this subchapter shall be paid 
    promptly after a move or, in hardship cases, be paid in advance; and
        ``(3) that any person aggrieved by a determination as to 
    eligibility for a payment authorized by this chapter, or the amount 
    of a payment, may have his application reviewed by the head of the 
    Federal agency having authority over the applicable program or 
    project, or in the case of a program or project receiving Federal 
    financial assistance, by the head of the State agency.''
    Subsec. (c). Pub. L. 100-17 amended subsec. (c) generally. Prior to 
amendment, subsec. (c) read as follows: ``The head of each Federal 
agency may prescribe such other regulations and procedures, consistent 
with the provisions of this chapter, as he deems necessary or 
appropriate to carry out this chapter.''


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable 
to funds authorized to be appropriated or made available after Sept. 30, 
1991, and, with certain exceptions, not applicable to funds appropriated 
or made available on or before Sept. 30, 1991, see section 1100 of Pub. 
L. 102-240, set out as a note under section 104 of Title 23, Highways.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-17 effective Apr. 2, 1987, to the extent 
such amendment prescribes authority to develop, publish, and issue 
regulations, and otherwise to take effect on effective date provided in 
such regulations 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.


    Improvement of Administration and Implementation of This Chapter

    Memorandum of the President dated February 27, 1985, 50 F.R. 8953, 
provided:

The purpose of this Memorandum is to improve administration and 
implementation of the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.].

Specifically, I hereby direct the following actions:

    1. The Presidential Memorandum of September 6, 1973 on this subject 
is superseded.
    2. As with other Administration management improvement initiatives, 
a lead agency, the Department of Transportation (DOT), is designated to 
coordinate and monitor implementation of the Act, and consult 
periodically with State and local governments and other organizations 
and interest groups affected by administration of the Act.
    3. DOT, jointly with the Department of Housing and Urban 
Development, shall interact with the principal executive departments and 
agencies affected by the Act in developing Administration policy.
    4. Within 90 days of the date of this Memorandum, all affected 
executive departments and agencies shall propose common regulations 
under the Act. Within one year of the date of this Memorandum, such 
departments and agencies shall issue common regulations under the Act. 
Such regulations shall be consistent with the model policy promulgated 
by DOT, in consultation and coordination with other affected agencies, 
and published in final form in the Federal Register simultaneously with 
this Memorandum.
    5. DOT shall report annually to the President's Council on 
Management Improvement, through the Office of Management and Budget, on 
implementation of the Act.
